JUDGMENT.

1. This second appeal is preferred against the judgment and decree passed by the Adhoc District Judge-2, Khamgaon, District Buldhana in Regular Civil Appeal No.40/2010, dated 30.01.2018. The said appeal was preferred against the judgment and decree 4 passed by the Civil Judge, Junior Division, Shegaon, District Buldhana in Regular Civil Suit No.54/2004, dated 23.04.2010. The suit and appeal were dismissed.

2. Plaintiff’s case : (i) The plaintiff filed a suit for partition and separate possession of his share in the properties bearing (i) Gat No.81, field Survey No.22/3B, admeasuring 1.21 HR., (ii) Gat No.83, Survey No.22/3A, admeasuring 1.21 HR., (iii) Gat No.26, Survey No.6/1A, admeasuring 3.96 HR., out of which 1.16 HR. (iv) Gat No.228, Survey No.64/1, admeasuring 1.07 HR., out of which 1H. (v) Gat No.129, Survey No.37/1B including a Well and Survey No.37/3, admeasuring 3.83 HR. along with house properties viz. House Nos.86, 89, 97, situated at village Gaulkhed, Tahsil Shegaon, District Buldhana, which are the subject matter of the suit. (ii) The plaintiff contended that he had three brothers, Ramrao – defendant No.1, Shriram – defendant No.4 and Tribhuvan – defendant No.