- (1.) THE instant appeal witnesses a challenge to the judgment and order dated 1.7.1991, rendered by the learned Single Judge of this court in S.B.Civil First Appeal No.12/1982, preferred by the plaintiff - respondents herein, being aggrieved by the judgment and decree dated 23.9.1981 of the learned District Judge, Jaipur City, Jaipur, dismissing their suit for partition i.e. Civil Suit No.257/1979. By the decision impugned herein, the suit has been decreed.
(2.) WE have heard Mr.Mr.Ajeet Bhandari, learned Sr.Counsel, assisted by Mr.Vaibhav Bhargava, appearing on behalf of the appellants and Mr.S.M.Mehta learned Sr.Counsel assisted by Mr.D.S.Poonia, Mr.R.K.Agarwal learned Sr.Counsel, assisted by Mr.Yogesh Pujari & Mr.Alok Chaturvedi and Mr.Vimal Choudhary, learned counsel for the respective respondents. At the very outset, it is submitted at the Bar that meanwhile, the respondent No.6 Smt.Rukmani Bai daughter of late Ram Sahai had expired on 19.2.2014 leaving behind her following heirs and legal representatives ­ (i) Kailash Narain Bhukhmari (Husband), (ii) Anil Bhukhmari (son), (iii) Smt.Urmila (daughter), (iv) Shushila (daughter) and (v) Nirmala (daughter) and (vi) Prathiba (daughter).
(3.) MR .Bhandari, learned Senior Counsel for the appelalnt submits that he has instructions to represent the heirs and Legal representatives of the deceased respondent No.6 and, thus, they may be substituted in her place.;