JUDGMENT

K. RAMASWAMY, J.:—This appeal by special leave under Art. 136 of the Constitution of India arises against the decree and judgment dated February2, 1978 in First Appeal No. 10 of 1966 of the M. P. High Court at Gwalior Bench. Krishna Rao alias Lala Saheb, for short "respondent" laid the Civil Suit No. 9-A of 1962 before the Addl. District Judge, Gwalior for partition of the plaint schedules 1 to 3 properties in equal moiety and allotment of one such share to him. Pending this appeal he died and his legal representatives are on record. The Trial Court by its judgment and decree dated January 31, 1966 granted preliminary decree for partition of half share in schedules 1 and 2 and half share in the movable property, namely compensation amount, jewellery and utensils as found in the inventory prepared by the Nazir except the stridhana property of 3rd defendant i.e. mother of appellants Nos. 1 and 2. The High Court while confirming the decree of the Trial Court directed the respondent to bring into hotch potch his jewellery and the appellants to have a half share therein and dismissed the appeal and the cross objections.

2. The admitted facts are that one Ghanshyam Sadashiv Baxi