1. The present appeal has been preferred against the judgment¹[Dated 19.09.2018] passed by the High Court²[Rajasthan High Court Bench at Jaipur] in S.B. Civil First Appeal No. 170 of 2009, whereby the judgment and decree of the Trial Court³[Civil Case No. 17 of 2006] was upheld.

2. The appeal arises out of a dispute between the parties pertaining to partition of the properties left by their ancestor/Late Rameshwar Nath Soral who died on 28.01.1996. He was survived by three sons and two daughters. During the pendency of the litigation one of the daughter, Usha Sharma (Usha Soral) died on 09.05.2018 and her legal heirs were brought on record.

3. From the facts available on record, it is evident that a suit⁴[Civil Suit No.27 of 2000] for partition was filed by the appellant no.1/Mahendra Nath Soral pertaining to the properties left by his late father, impleading his two brothers and two sisters as the defendants. However, in the present appeal the appellants are disputing the partition proceedings only with reference to the roof rights of Plot No.5, Professor Colony, Nayapura, Kota, measuring 2300.00 sq. ft. Besides this there was another property also bearing House No.15, Van Vihar Col