JUDGMENT - ZOTING D.S., J.:---This appeal is filed by the original defendant No. 1 against passing of the final decree for partition, in Special Civil Suit No. 66 of 1980, filed by the original plaintiffs, in the Court of Civil Judge, Senior Division, Jalgaon. By the said preliminary decree, share of the plaintiffs was determined to be half; whereas that of the defendant No. 1 to be remaining half. This preliminary decree is not challenged.

2. After the preliminary decree, final decree proceeding were started before the trial Court and for the purpose of effecting the partition as per the shares determined under the preliminary decree, Shri Pradhan, came to be appointed as Commissioner, in accordance with the provisions of Order 26, Rule 14 of the Civil Procedure Code and he submitted the report to the Court. The Civil Court, accepted the Commissioners report in toto and on the basis of the said report passed final decree. The final decree is challenged in this first appeal.

3. After passing of the final decree, there was one round of litigation between the parties in this Court which resulted the matter reaching the Apex Court. The Apex Court by order dated 25-2-2002, passed in Civi

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