JUDGMENT :

M.S. JAWALKAR, J.

1. Heard.

2. The present Second Appeal is filed by the appellants being aggrieved by the judgment and decree passed in Regular Civil Appeal No. 4/1997 on 23/03/2007 by the Court of 1st Ad-hoc Additional District Judge, Nagpur reversing the judgment in Regular Civil Suit No. 859/1977 of the Court of the VIIth Joint Civil Judge, Junior Division, Nagpur dated 01/10/1996, granting the counter claim of the appellants/defendants in respect of partition of the agricultural ancestral properties.

3. The Plaintiff’s case in brief is as under:

It would be convenient to reproduce genealogy in the matter as under:

4. The Plaintiff Kashinath was cultivator and milkman at Mouza Shivangaon, Taluka and District Nagpur. The original Defendant Nos. 1 to 5 were the step brothers and the Defendant No. 6 was his real brother. The father of the original Defendant Nos. 1 to 5 namely late Dajiba died about three years back when the Suit was filed. Genealogical tree of late Kashinath (original owner/common ancestor) is given in Paragraph No. 1 of the Plaint which is reproduced above. It is submitted that one Kashinath is the common ancestor in the Kantode family. He died long ago leav