(1.) Heard learned counsel for the petitioner and Shri Santosh Kumar Tiwari holding brief of Shri Amitesh Kumar Mishra for the respondents 3,4 and 5 as also Shri Manu Saxena for the respondent no.11.
(2.) The instant writ petition arises out of a suit for partition filed by the petitioner. The suit was decreed and by the preliminary decree passed, the plaintiff predecessor-in-interest of the respondents 3 to 5 while1/3 share was held to belongs to the predecessor-in-interest of respondents 6 to 10.
(3.) The preliminary decree has not been challenged by the petitioner and has become final.