SIDDHARTH,J. - (1.) Heard Sri Ajay Kumar Sharma, learned counsel for the appellant and Sri Anurag Pathak, learned counsel for the respondents.
(2.) This is plaintiff's Second Appeal directed against the Judgment and Decree dated 21.03.2007, passed by Sri Ashok Kumar Rastogi, Additional District Judge, Court No.2, Saharanpur, partly allowing the Civil Apeal No.13/2004, modifying the decree dated 21.02.2004 passed by Sri Hukum Singh-II, IInd Additional Civil Judge ( Senior Division), Saharanpur, decreeing the Original Suit no.69/1996 ( Syal Deep Mohindra v. Deepak Kumar Mohindra and others).
(3.) The plaintiff instituted an Original Suit No.69 of 1996 against the defendants, Deepak Kumar Mohindra, Sushma Devi and Madhu Sood, praying for a decree of partition of his 3/4 share and for payment of cost of Suit by defendant no.1.;