ORDER

1. The appellants / defendants having lost in both the courts below have filed the instant appeal.

2. The instant Second Appeal under section 100 of the Code of Civil Procedure has been preferred by the appellants / defendants being aggrieved by the judgment and decree dated 25.2.2013 passed by First Additional District Judge, Chhindwara (MP) in Civil Appeal No.30-A/12, whereby learned First Appellate Court has affirmed the judgment and decree dated 7.8.2009 passed by First Civil Judge Class-I, Chhindwara (MP) in Civil Suit No.21-A/08.

3. The facts of the case, succinctly stated are that the respondents No. 1 to 7 / plaintiffs filed a suit for declaration of the land bearing khasra No.570/7 area 0.085 hectare situated in Mouja Chhindwara, district Chhindwara to be undivided joint Hindu Family property and also for partition of 1/7th share in the land in dispute in favour of the respondents No. 1 to 7 / plaintiff separately because no partition has taken place. Claim in the suit was based on the allegation that the suit property was jointly owned by one Pandhari, Eknath and Sarubai and was not partitioned. Thereafter, the suit property devolved upon the respondents No. 1 to 7, ho