[2] Reg.Civil Suit No.50 Of 1984 was filed in the Court of the Civil Judge,(Jr.Divn.), Saswad by Aanantrao Kunjir. Present respondents are the legal heirs of said Anantrao. Said Suit was decreed by the learned Trial Judge by Judgment and Decree dated 26th November, 1997. Being aggrieved with the Judgment and Decree passed in said Suit, the appellant preferred Reg.Civil Appeal No.1128 Of 1997 in the District Court, Pune. The learned Additional District Judge, Pune dismissed said Appeal on 14th July, 2003. Being aggrieved by these two orders, present appellant Manik Chandar Kunjir and Dnyanoba Chandar Kunjor, who were original defendants have preferred this Second Appeal. At later point of time, Dnyanoba has withdrawn himself from the Second Appeal and his name was deleted from the Second Appeal. Hence, present Second Appeal is being prosecuted by Manik Kunjir alone. In so far as Second Appeal No.256 Of 2005 is concerned, Suit was filed in the Civil Court, (Jr.Divn.), Saswad by Dnyanoba and Manik bearing Reg.Civil Suit No.63 Of 1984. That suit was decided by separate Judgment dated 26th November, 1997 and Suit was dismissed by the Civil Judge, (Jr.Divn.), Saswad. Against which, both Dnyanoba and Manik preferred Regular Civil Appeal No.1129 Of 1997. Said Appeal was dismissed by the Judgment and Decree dated 14th July, 2003. This Second Appeal No.256/2005 is filed against the aforesaid Judgment and decree dated 14/07/2003. Though the Appeal was filed by Dnyanoba and Manik, Dnyanoba has withdrawn himself and name of the Dnyanoba has been deleted from this Second Appeal. This Second Appeal is prosecuted by Manik.