TIBREWAL, J. - (1.) ALL the above three matters are connected and arise from a civil suit for partition No. 21/73, as such, they may be disposed of by a common order.
(2.) CIVIL Revision No. 747/90 (Smt. Shyama Devi & Others v/s. Manju Shukla & Others) and CIVIL Revision No. 831/90 (Tewari Ganga Prasad V/s Smt. Manju Sukla) are against the order dated 13. 7. 1990 of Additional District Judge No. 3 Jaipur City, Jaipur passed on the application dt. 6. 5. 1990 of non-petitioner Smt. Manju Shukla. Civil Misc. Appeal No. 330/90 (Smt. Shyama Devi & Others) v/s Smt. Manju Shukla & others) is against the order dt. 13-7-1990 of Addl. District Judge No. 3, Jaipur City, Jaipur in Civil Misc. Case No. 48/90 on an application of respondent Smt. Manju Shukla under order 39 rule 1 and 2 C. P. C. In order to appreciate the real dispute between the parties, it would be convenient to reproduce the pedigree of the parties as under : - PEDIGREE Pt. Purandar Ramj Shiv Prasanna Ramji Kalka Prasadji Gadadhar Prasadji Mohan Lalji Dhanpat Ram (Plaintiff) Bhagwandeenji Ganga Prasad (Def. No. 1) Jamna Prasad (Def. No. 2) Syryakumar @ Chunnilalji Yagyadutt Narain @ Munnilal (Def. No. 5) Mahendra Kumar (Def. No. 3) Narendra Kumar (Def. No. 4) Sushila Devi (Def. No. 6) Sarla Devi (Def. No. 7) Urmila Devi (Def. No. 8) Laxmi Devi (Def. No. 9) Dhanpat Ram S/o Mohan Lal filed a suit for partition in the court of Senior Civil Judge no. 1 Jaipur City, Jaipur on 6. 10. 1965. It is an admitted case between the parties that their common ancestor late Pt. Purandar Ram ji had been granted various properties in Jagir by the then Rulers of Jaipur & Rinwa. The description of those properties has been given in the plaint. The case of the plaintiff is that the properties granted in Jagir to late Pt. Purandar Ramji constituted Joint Hindu Family Properties. From the income derived from the said properties other properties were added, details of which is given in schedule 'ka' attached with the plaint. The plaintiff claimed l/3rd share on the ground of his being the sole survivor of one of the three branches of the descendants of late Pt. Purandar Ramji namely, Kalka Prasad, Gadadhar Prasad and Mohan Lal.
(3.) FROM the pedigree, it is evident that the Ganga Prasad and Jamna Prasad are the descendants of the branch Kalka Prasad and thus they had jointly l/3rd share in the properties of late Pt. Purandar Ramji. In Civil Revision No. 747/90 and in Civil Misc. Appeal No. 330/90, the petitioners/appellants are the wife, two sons and two daughters of Jamna Prasad. Jamna Prasad has died on 7. 1. 1987 after passing of the preliminary decree. Non- petitioners/respondents Smt. Manju Shukla and Smt. Indira Shukla are also the daughters of late Jamna Prasad. After the death of Jamna Prasad the above petitioners/appellants and Smt. Manju Shukhla and Smt. Indira Shukla were impleaded as parties in the suit. The learned trial court passed a preliminary decree on 24th Jan. , 1975 in the following terms: - The property shall be divided into three moieties of l/3rd each. ;