JUDGMENT :

Goutam Bhaduri, J.

1. Since both the appeals are arising out of same judgment and decree dated 31-10-2019 passed by the District Judge, Rajnandgaon, in civil suit No.35-A/2014 they are being heard and decided together by this common judgment.

2. FA No.64 of 2020 is preferred by the plaintiffs on the ground that the counter claim was barred by time whereas FA No.506 of 2019 is preferred by the defendant No.1 challenging the judgment and decree dated 31-10-2019 passed by the District Judge, Rajnandgaon, in civil suit No.35-A/2014.

3. (i) Plaintiffs namely; Inderchand Kothari, Shashikant Kothari and Santosh Kumar Kothari are the brothers and the defendant No.1 namely; Nirmalchand Kothari is the son of Umedchand Kothari, who is the brother of the plaintiffs. The father of the plaintiffs namely; Poonamchand Kothari died on 28-1-1991 and mother namely; Rajkanwar Bai Kothari died on 7-1-2011. The plaintiffs have other brothers & sisters and the sisters were married.

(ii) According to the plaintiffs, during the lifetime of their father, the oral partition took place on 4-11-1964 and in such partition late Rajkanwar Bai, the mother of the plaintiffs, got the house situated at Hamalpar