- (1.) Heard Sri Tarun Verma, learned Counsel for appellant and Sri Ashwani Kumar Mishra, learned Counsel for respondents on the admission of appeal. This second appeal has been preferred by defendants, challenging the judgment and decree dated 18.11.2010, passed by Special Judge (Anti-Corruption)/Additional District Judge, Gorakhpur in Civil Appeal No. 63 of 2001, whereby suit for partition filed by plaintiff, has been decreed.
(2.) For the sake of convenience, parties shall be referred as they were described in Trial Court, i.e., plaintiff/defendant, unless specified otherwise.
(3.) The following pedigree would be helpful to appreciate the issue involved in the present appeal.;