JUDGMENT - B.N. SRIKRISHNA, J.:---Appeal admitted. By consent, notice made returnable forthwith. Respondents waive service through Counsel Mr. Doctor.

2. By consent, appeal is called out for final hearing and heard.

3. This appeal is directed against an order of the learned Single Judge dated 11th February, 2000 dismissing the Notice of Motion. Since this is an appeal against an interlocutory order, we indicate the bare essential facts requisite to dispose of the appeal. Those facts are:---

The appellant is the brother of one Madhuben @ Mridulaben Amritlal Shah who had filed the suit before this Court. The suit was filed invoking section 44 of the Transfer of Property Act and section 4 of the Partition Act, 1893. The case was that the suit property was a dwelling house in the occupation of an undivided family, that the original defendants 1 to 7, outsiders to the family, had purchased the undivided share of one Mrs. Sadguna Shah, a member of the family, and on the strength of the said fact they had entered into occupation of the second floor of the suit property. This, according to the original plaintiff, was illegal as the purchaser not being a member of the undivided family coul

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