JUDGMENT

Challenge has been made to the decree and judgment of the trial Court decreeing the suit for a preliminary decree declaring the rights of first and third plaintiffs to an extent of 1/7 and 2/7 shares respectively, in the present appeal by the second defendant.

2. The parties are arrayed as per their own ranking before the trial Court. 3. The suit has been filed by the plaintiffs for partition and separate possession. The suit property was originally owned by one Md Azizuddin, the father of the plaintiffs 1 and 3 and husband of the second plaintiff. The first and second defendants are sons of the said Azizuddin. The said Azizuddin died on 02.08.2006 leaving behind the plaintiffs and the first and second defendants as his legal heirs. After his demise, the plaintiffs and the defendants are in joint enjoyment of the property as co-owners. Due to difference of opinion between the plaintiffs and the defendants, they are not able to