JUDGMENT

1. The appellants/defendants have filed this Misc. Appeal under Section 104 read with Order 43 Rule 1 of the Code of Civil Procedure, 1908 (in short CPC) being aggrieved by the order dated 25.3.2021 passed by Additional District Judge Khategaon District Dewas in COS No. 65A/2020, whereby the application under Order 39 Rules 1 & 2 of CPC filed by respondent no.1/plaintiff has been allowed.

2. The facts of the case in brief are that late Shri Habulal was the owner of suit land bearing survey No. 373/3, area 5.059 hectare situated at village Sandalpur. Out of the aforesaid land, a piece of land admeasuring 0.300 hectare was acquired by National Highway Authority of India for construction of road. The remaining 4.759 hectares of land was recorded in the name of respondent no.2. Respondent no.2 vide two registered sale deeds had sold the said land to the appellants. In the year 2015 an application under Section 178 of Madhya Pradesh Land Revenue Code (in short MPLRC) has been filed for partition before the Tehsildar who passed an order of partition vide order dated 27.7.2015. After a long lapse of time, late Habulal had filed an appeal against the said order of partition in the y