(1.) The fifth defendant in a suit for partition is the appellant. The preliminary decree passed in the suit is under challenge. The trial court resolved the disputes between the parties and passed a preliminary decree in respect of plaint A schedule item Nos 1 to 4 properties, plaint B schedule item No 1 property and the plaint C schedule property as follows:
(2.) Though notice was ordered to the respondents, only the plaintiff entered appearance through counsel.
(3.) Heard the learned counsel for the fifth defendant as also the learned counsel for the plaintiff.