JUDGMENT - MOHTA ANOOP V., J.: - Heard. The present second appeal has been preferred by the appellant/original plaintiff, against the judgment and decree dated 06-02-1990, passed by the 2nd Additional District Judge, Buldhana, in Regular Civil Appeal No. 89/1986, whereby the appeal was allowed and the judgment and decree of the trial Court granting decree in favour of the appellant against the defendants by holding that the appellants have 1/3rd share to the extent of her father's share i.e. in house property and field was set aside, therefore, this second appeal.

2. This second appeal was admitted on 8-4-1991, on the Points No. 2 and 3, as mentioned in the memo of appeal. Those points are as follows:

"2. Whether the property in the hands of Ananda i.e. plaintiff's father was a separate property in view of his being the sole surviving member of the co parcener after separation/partition from his brothers? If yes, whether by way of succession the plaintiff being the only legal heir of the deceased Ananda is entitled to inherit the said property of Ananda by way of another mode of succession or whether such property devolves on the plaintiff/appellant by way of succession?

3. Whether th

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