(1.) Heard the learned counsel for the respective parties, at length.
(2.) The appellant/original defendant no.2 has challenged the judgment and decree dtd. 22/2/2019 passed by the learned District Judge-4, Nagpur in Regular Civil Appeal No. 523/2016 thereby confirming the judgment and decree dtd. 25/4/2016 passed by the learned 4th Joint Civil Judge, Junior Division, Nagpur in Regular Civil Suit No. 441/2012 (old RCS No. 19/2001).
(3.) The appellant will be hereinafter referred to as the 'defendant no.3'; respondent no.1 as the 'plaintiff'; respondent no.2 as the 'defendant no.1' (since deceased) and now represented by respondent Nos. 2-a and referred to as the 'defendant no.1-a'; whereas the respondent no.3 as the 'defendant no.2'. The present Appeal is filed by the defendant no.3 only.