1. The appellant, who is the original plaintiff in Special Civil Suit No.7 of 2017, has filed this second appeal against the judgment and order dated 31/07/2023 passed by the learned District Judge-1, Latur (hereinafter referred to as ‘the learned first appellate court) in RCA No.30 of 2018, whereby the judgment and order dated 12/01/2018 passed by the learned Civil Judge Senior Division, Latur (hereinafter referred to as ‘the learned trial court’) in aforesaid suit, was confirmed.

2. Background facts are as under :

The appellant / plaintiff is the brother of all the respondents.

Their father – Keshavlal Shah allegedly died intestate on 15/01/2004. Their mother- Jostna is also no more and she died on 23/07/2005. As such, the appellant/ plaintiff and respondents are the legal representatives of Keshavlal and Jostna. Keshavlal had acquired a plot No.53 at Latur, admeasuring East-West Southern side 51 ft., 6 inches and Northern side of 40 ft., 9 inches and North-South Eastern side 76 ft., and Western side 74 ft. Out of the said plot, father of the appellant / plaintiff decided to sell Southern side portion of the said plot to plaintiff and accordingly the plaintiff purchased th