JUDGMENT :

1. This appeal is preferred against the judgment and decree passed by the learned District Judge-1, Nagpur in Regular Civil Appeal No.792/2022, dated 26.06.2023. The first appeal was preferred against the judgment and decree passed by the learned Civil Judge, Senior Division, Nagpur in Special Civil Suit No.357/2000 dated 27.02.2007. The suit and appeal both were dismissed. The appellant-defendant no.4 has preferred this appeal.

THE PLAINTIFF’S CLAIM :

2. Brief facts of the case are that the plaintiff Prakash s/o Govindrao Dharmadhikari filed suit for partition and separate possession, declaration and perpetual injunction against the defendants of the following properties. These were the subject matter of the suit; (i) House No.234, Ward No.22, situated at Hanumant Ward, Pandhurna, Tahsil-Pandhurna, District-Chindwara (M.P .) and (ii) Plot No.C-92, ad-measuring 96 Sq. Meters out of Khasra No.25/2k situated at Ward No.95, Nagpur.

3. The plaintiff contended that his father defendant no.1 Govind having three sons Prakash-Plaintiff, Ashok, the defendant no.2, Anant and the defendant no.3 daughter Ulka. The defendant No.4/Appellant is purchaser of the suit property situated at Pa