JUDGMENT :

S.M. MODAK, J.

1. The suit for partition bearing Special Civil Suit No. 29/1996 filed by one Anantrai Ramashankar Upadhyay was decreed on 13th October, 2003. The trial Court has declared 1/5th share in the suit properties each to the plaintiff and four defendants. The house in respect of which dispute is pending in these two appeals is one of those suit properties. The house is described as Upadhyay Niwas situated on Nagpur, Wardha Road and one Godown. The house consists of ground floor and two upper floors. It seems that it is the old house in which common ancestor deceased-Ramashankar and his family members used to reside.

2. The correctness of the said decree was tested before the First Appellate Court, before this Court and finally before the Hon’ble Apex Court. The proceedings were dismissed by the Hon’ble Apex Court on 23rd September, 2019.

Suit for Partition

3. The suit for partition was mainly contested by defendant No. 4-Girish Upadhyay and defendant No. 9-Chirag Upadhyay. They are the appellants in present Second Appeal 147/2021. They have pleaded that deceased-