JUDGMENT - KHARCHE S.T., J.:-By invoking the jurisdiction of this Court under section 100 of the Code of Civil Procedure, the unsuccessful plaintiff has filed this second appeal being aggrieved by the judgment dated 21st December, 1990 in Regular Civil Appeal No. 132 of 1987 passed by the learned Additional District Judge whereby the appeal came to be dismissed and the judgment and decree passed by the trial Court on 22-7-1987 dismissing the suit of the plaintiff seeking relief of declaration of easement of way has been confirmed.

2. Brief facts are required to be stated as under :

The plaintiff and the defendant are real brothers and they are in all five brothers by name; Pandurang, Tanba (plaintiff), Kisna, Pandhari (defendant) and Bhagwan. It is contended that the joint family of all the brothers owned agricultural land which was the subject-matter of partition. The agricultural lands were divided by metes and bounds by the partition dated 22-3-1976 and each brother were allotted respective share in the lands. The plaintiffs case is that the agricultural land allotted to his share has been shown by capital letter H in the map annexed with the plaint. Whereas the defendant is al

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