JUDGMENT : – This Second Appeal has been filed under section 100 of CPC against the judgment and decree dated 30-9-2021 passed by Third Additional District Judge, Nagod, District Satna in Regular Civil Appeal No. 39/2016 arising out of judgment and decree dated 18-7-2016 passed by Second Civil Judge, Class-II Nagod, District Satna (M.P.) by which the suit filed by the plaintiff for partition and mutation has been decreed.

2. The appellant is the defendant having purchased part of property in dispute from defendant No. 2 Smt. T. D. Chamar.

3. The facts necessary for disposal of the present Appeal in short are that the plaintiffs filed a suit for partition, for declaration of sale deed dated 29-12-2006 executed in favour of the appellant as null and void, for quashment of mutation as well as for permanent injunction.

4. It is the case of the plaintiff that property in dispute is an ancestral property and the plaintiff No. 3 had filed an application under section 178 of MPLR Code before the Tahsildar, which was registered as Revenue Case No. 92/A-27/2003-04 for partition and the said application was allowed by order dated 17-2-2006, Exhibit P.1. Being aggrieved by the said order, Ramg