(1.) HEARD Sri R.P. Nautiyal, counsel for the Appellant and Sri Bindesh Kumar Gupta and Sri Sanjeev Sah counsel for the Respondent.
(2.) PRESENT appeal has been preferred against the judgment and decree dated 4 -7 -2002 passed by the District Judge, Nainital in Civil Appeal No. 40 of 2001.
(3.) IN the same partition following property came in the share of the defend -ant/Appellant.