HARKESH MANUJA, J.

1. By way of present appeal challenge has been made to the judgment and decree dated 15.02.2018 passed by the learned Additional District Judge, Gurugram, affirming the judgment and decree dated 23.11.2016 passed by the Court of Additional Civil Judge (Senior Division), Gurugram, thereby passing final decree of partition on an application moved by respondent No.1.

2. The facts leading to the present case are that property bearing House No.504, Ward No.16, Civil Lines, Gurugram measuring 855 Sq. yard, became an apple of discord between the legal heirs of deceased Rao Gajraj Singh. Arising out of a suit for separate possession by way of partition, judgment dated 21.05.2010 came to be passed in RSA No.3937 of 2005 titled as Air Vice Marshal Mahinder Singh Rao (Retd.) Vs. Narender Singh Rao and others, granting preliminary decree, whereby the 9 legal heirs of Rao Gajraj Singh were held entitled for 1/9th share each. Further, based on a Will, 1/9th share inherited by Smt. Sumitra Devi i.e. wife of Rao Gajraj Singh was ordered to devolve upon respondent No.1 herein thereby holding him entitled to the extent of 1/9th share out of the suit property. The aforesaid judgment