JUDGMENT

TARUN CHATTERJEE, J. —Leave granted.

2. This appeal is directed against the order dated 3rd October, 2005 of the High Court of Judicature at Bombay in Writ Petition No. 2390 of 2005 whereby the order passed by the Civil Judge, Senior Division, Kolhapur in Special Civil Suit No. 503 of 1996 was set aside.

3. The plaintiff, who is the respondent No. 1 in the present appeal (hereinafter called the “plaintiff”) has institut¬ed a suit for partition and separate possession of the suit properties as fully described in Para 1 of the plaint on the allegations stated in brief as follows :

The suit properties originally belonged to one Veersangayya (since deceased). On his death, Appasao (since deceased) and Balasao (since deceased) came to inherit the suit properties. The appellants who are defendants 8 to 14 in the suit are the heirs and legal representatives of Balasao (since deceased). The plain¬tiff inherited one half share of the suit properties jointly with defendant No.s 1 to 7, on the death of Appasao. Since the appellants had refused to partition the suit properties and deliver separate possession, the plaintiff filed the suit for partition and possession.

4. The defendant