ORDER

1. This second appeal has been filed by the appellants/defendants under section 100 of Code of Civil Procedure, 1908, against the judgment and decree dated 11.10.2021 passed by Third Additional District Judge, Khargone (MP) in Regular Civil Appeal No.15/2017, whereby dismissing the appeal against the judgment and decree passed by Second Civil Judge, Class-2, Khargone passed in Regular Civil Suit No.53- A/2015.

2. The brief facts of the case are that respondent/plaintiff Munnibai filed a suit for declaration of title, partition, mesne profit, permanent injunction and delivery of possession on the ground that plaintiff and defendants are real brothers/sisters/mother and suit property were of their father/husband Narayan's owernship. Hence, the plaintiff is entitled to 1/3 share of the suit property.

3. Learned trial Court vide judgment dated 9.3.2017decreed the suit of plaintiff and appeal filed against this judgment by appellants/defendants was also dismissed by appellate Court vide judgment dated 11.10.2021 passed in RCA No.15/2017. Against this, present second appeal has been filed.

4. Learned counsel for the appellants/defendants has submitted that plaintiff in his statement Ex