JUDGMENT - Dhanuka D.R., J.:—This appeal is directed against the Judgment and Decree dated 9th November, 1993, passed by the learned IInd Additional District Judge, Satara, in Regular Civil Appeal No. 63 of 1990 arising from Regular Civil Suit No. 91 of 1984 filed in the Court of Civil Judge, Junior Division, at Khandala.

2. The plaintiff and defendant No. 1 to 3 are brothers. The defendant No. 4 is the sister of the plaintiff and defendant No.1 to 3. The plaintiff and the defendants are sons and daughter of one Genba Jadhav. The plaintiff filed Regular Civil Suit No. 91 of 1984, for partition and separate possession. The suit properties inter alia included ancestral agricultural lands. Genba died intestate on 22nd February, 1972. The First Appellate Court has proceeded on the footing that the share of the deceased Genba in joint family properties got separated immediately prior to his death under section 6 of Hindu Succession Act, 1956 and the sons as well as daughters i.e. the plaintiff and all the defendants including daughter Smt. Hansabai Raghunath Jagtap are entitled to share therein as provided by and under the Hindu Succession Act, 1956. The defendants No. 1, 2 and 3 do not

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