JUDGMENT - DAGA V.C., J.:-This is a second appeal filed under section 100 of Code of Civil Procedure, 1908 ("C.P.C." for short) by the original plaintiff challenging the judgement and order passed by the Third Additional District Judge, Sangli in Regular Civil Appeal No. 337 of 1984 dated 13th September 1990; whereunder the 8/28th share (in the suit property) granted by the Civil Judge, Junior Division, Islampur in a Regular Civil Suit No. 173 of 1979 vide his judgement and decree dated 28th February, 1984 came to be reduced to 1/21st share.

THE FACTS:

2. The facts are not in dispute. The relationship between the parties is also not in dispute. The genealogy is as under:

Shripati

(died on 6-8-1962)

|

Wife Girija

(died in 1976)

|---------------------------------------------------------------|

Vithoba (son) Vishnu (son) |

(died on 3-2-1989) (died in 1960) |

|----------------|-----------------|------------------|

Tarubai Parubai Balkabai Shalubai

(daughter) (daughter) (daughter) (daughter)

3. Vishnu died in the year 1960. Anubai, widow of Vishnu filed a suit for partition and separate possession in claiming 1/3rd share in

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