Heard on IA No. 4169 of 2025, which is an application under Order 6 Rule 17 of CPC filed by respondent No. 2 Sajanbai and legal representative of respondent Misribai.

Learned counsel for respondents no. 1 and 2, in addition to the facts and the grounds mentioned in the application, contends that the present appeal is filed feeling aggrieved by the judgment and decree dated 20.3.2010 passed by first Appellate Court. The first appellate Court although found that plaintiff has share in the suit property but relief of partition and separate possession cannot be extended in favour of plaintiffs as no such relief is claimed in the plaint. While preparing final hearing of this second appeal, this fact came to notice of the counsel for respondents no. 1 and 2, therefore, amendment in the plaint is proposed to incorporate relief of declaration of 1/3 share of plaintiffs in the suit property and also to incorporate relief of partition and separate possession. Learned counsel submits that the relief of partition and separate possession is necessitated in view of the finding of first Appellate Court. This relief is necessary for granting the relief of possession in favour of plaintiffs/ appella