Rajendra Menon, J.

Challenge in this petition under Article 227 of the Constitution of India is made to the order dated 12-9-2001 Annexure P/l passed by the Third Addl. District Judge, Gwalior in Civil Suit No. 119-A/94, subsequently, renumbered as 69-A/03 on transfer to the Court of 9th District Judge (Fast Track), Gwalior.

petitioner is plaintiff in the suit in question which has been filed by him for the purpose of declaration of his title and issuance of permanent injunction with regard to various property as set out in the annexures annexed to the plaint. petitioner claims his right to the property in question as a impartible estate by rule of primogenature. It is the case of the petitioner that he and his father respondent No. 2 are the sole owners of the properties in question and after the death of his father respondent No. 2 he is the absolute owner of the suit property. It is stated that respondent No. 1, since deceased, does not acquire any right, title or interest in the suit property. For claiming the aforesaid benefit petitioner prayed that the partial partition deed dated 31-7-1971 and 31-5-1996 be declared as null and void. During the pendency of the suit respond