KHATUBI MOHAMMAD SAYEED Vs. AMINABAI MOHAMMAD SABIR

JUDGEMENT

(1.) Heard the learned advocates for the parties.

(2.) This appeal arises from the judgment dated 2nd February, 1988 passed in First Appeal No. 4 of 1978. By the impugned judgment, the learned Single judge has set aside the judgment and decree dated 29-4-1977 passed by the trial court in Special Civil Suit No. 226 of 1973 and has ordered issuance of preliminary decree for partition of the property, while declaring the shares of the parties and also giving directions for rendition of the accounts from 5-6-1986 till the respondent/plaintiff gets the possession of the l/7th share in the property.

(3.) Though the impugned judgment and decree is sought to be challenged on various grounds, it is not necessary to deal with all those grounds and suffice to refer to only one ground which relates to non-compliance of mandatory provision of law comprised under Order 41, Rule 31 of the Code of Civil procedure by the appellate Court while passing the impugned judgment.