JUDGMENT

R.M. Lodha, J. —

This appeal, by special leave, arises from the judgment of the High Court of Andhra Pradesh dated September 13, 2004 whereby the Single Judge of that Court set aside the judgment and decree dated April 27, 1988 passed by the Principal, Subordinate Judge, Vishakhapatnam and remitted the matter back to the trial court for the purpose of passing a preliminary decree after determining the shares to which each party would be entitled.

2. Shaik Dawood had three sons; Shaik Farid, Mehboob Subhani and Mohammed Yakub. He also had five daughters; Sappoora Bibi, Khairunnisa Begum, Noorajahan Begum, Rabia Bibi and Alima Bibi. All the five daughters were married. His wife predeceased him. Shaik Dawood retired as Reserve Head Constable. He was also a Unani Medical Practitioner.

3. Shaik Farid, Sappoora Bibi, Khairunnisa Begum, Noorajahan Begum and Mohd. Iqbal (son of Alima Bibi) - hereinafter referred to as ‘plaintiffs’ - filed a suit for partition against Mehboob Subhani, Mohammed Yakub and Rabia Bibi (hereinafter referred to as ‘defendant 1’, ‘defendant 2’ and ‘defendant 3’ respectively). The son and daughters of Syed Ali, who was brother of Shaik Dawood, were imple