1. By this appeal, the appellants have challenged the judgment and decree passed by the 9th District Judge, Nagpur in Regular Civil Appeal No.86 of 2011 on 17.7.2012 modifying the judgment and decree passed by the 8th Joint Civil Judge, Junior Division, Nagpur in Regular Civil Suit No.729 of 2008 on 20th December, 2010. The respondent is the original plaintiff and the appellants are the original defendants against whom the respondent had filed civil suit for partition and separate possession. For the sake of convenience parties to the appeal are hereinafter referred to as the plaintiff and the defendants.

2. The defendant No.1 Smt Vandana is the stepmother of the plaintiff. Defendant No.2 Yogesh and defendant No.4Smt. Pinky are respectively the real brother and real sister of the plaintiff, while defendant No.3 Nitin and defendant No.5Smt. Vijeta are respectively the stepbrother and stepsister of the plaintiff. The plaintiff is the son of late Ramanna Marchettiwar, who died on 13.3.1990 leaving behind the plaintiff, defendants and one Sandeep. Late Ramanna Marchettiwar owned a house with plot bearing Corporation House No.283, New House No.283-A and city survey No.495 admeasu