ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

This regular first appeal is filed by defendants No.1 to 7 challenging the judgment and decree dated 28.07.2014, passed in O.S.No.19/2012, by the Principal Senior Civil Judge, Saundatti, so far as being aggrieved that all the properties are not included in the suit.

2. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the trial Court.

3. The plaintiff has filed suit for partition and separate possession claiming 1/3^rd share in the suit properties by contending that the suit schedule properties are ancestral properties. The trial Court decreed the suit by granting 1/3^rd share in all the suit schedule properties to the plaintiff.

4. Learned counsel for the appellants/defendants No.1 to 7 submitted that the defendants are not aggrieved by the quantum of share allotted in the decree, but other three properties are not included in the suit, though a specific contention is taken in paragraph No.8 of the written statement, which are Sy.No.69, 71 and 85/1. Though defendants have not taken pleading in paragraph No.9 and 10 that these properties were not included in