1. Rule made returnable forthwith.

Heard the matter finally by consent of the learned counsels appearing for the parties.

2. In a suit for partition and separate possession, the trial court has passed an order of injunction on 18.10.2011, restraining the defendants from creating any third party interest in respect of suit property till the final disposal of the suit. In Misc. Civil Appeal No. 104/2011, the appellate court has set aside the said order and dismissed the application at Exh. 28. Hence, the original plaintiff is before this Court.

3. Undisputedly, the plaintiff is the son of Smt. Kamlabai, pre-deceased daughter of Kundanlal, whereas the defendants are the sons of Kundanlal. Kundanlal died on 02.05.1994, whereas, Smt. Kamalbai died earlier in the year 1975. If the provisions of Section 8 of the Hindu Succession Act applies, presuming that it was a self acquired property of Kundanlal, then the plaintiff being the son of predeceased daughter shall have a share in the property. However, if it is to be treated as an ancestral property of Kundanlal, then the appellate Court has held that the plaintiff cannot claim share in the property as his mother Smt. Kamalbai cannot