JUDGMENT - M.L. DUDHAT, J.:---This second appeal is preferred against the judgment and order dated 22nd June, 1979, passed by the Extra Assistant Judge, Satara, dismissing Civil Appeal No. 43 of 1977 and confirming the judgment and order dated 20th November, 1976, passed by the Joint Civil Judge, Junior Division, Karad, dismissing Regular Civil Suit No. 182 of 1971 with costs to defendant Nos. 1 to 4, 6, 7, 9, 10 and 13. The appellants-original plaintiffs filed the aforesaid suit against the respondents defendants for partition and separate possession of the 1/3rd share in the suit property. It was the case of the plaintiffs that Bandu-husband of plaintiff No. 2 and father of plaintiff Nos. 1 and 3 had three brothers viz. Kondi, Gulab and one more brother who died without leaving behind him any heirs. It was further the case of plaintiffs Nos. 1 and 3 that their father had 1/3rd share in the ancestral joint Muslim family properties. It was further their case that defendant Nos. 1 to 17 are the heirs of Kondi and defendant No. 18 is the son of Gulab. The plaintiff Nos. 1 and 3 further averred in the plaint that their father Bandu expired in the year 1940 and at that time they were m

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