2 Present respondent No.1-original plaintiff filed Regular Civil Suit No.41/2011 before Civil Judge Junior Division, Jamkhed, Dist. Ahmednagar for partition and permanent injunction. The said suit came to be decreed on 05.07.2014. It was held that plaintiff has 1/6th share and it be separated by metes and bound by sending precept to District Collector, Ahmednagar. The defendants were permanently restrained from alienating suit property until 1/6th share is given to the plaintiff. The present appellant-original defendant No.4 challenged the said Judgment and Decree before the First Appellate Court i.e. District Judge-1, Shrigonda, Dist. Ahmednagar, by filing Regular Civil Appeal No.99/2019. It came to be dismissed on 06.02.2021. However, the decree was modified to the extent that plaintiff and defendant No.1A, legal heirs of defendant No.1B Taibai (jointly) and defendant Nos.2 to 4 are entitled for 1/6th share each by metes and bound. That means, the Trial Court had only carved out the share of the plaintiff, however, the First Appellate Court had carved out the shares of the defendant Nos.1 to 4. Now, the original defendant No.4 has filed the Second Appeal.

3 Heard learned Advocate