properties including the said Lalsingh Mansingh Building which
stood partitioned under the above decree. According to him,
under the above decree, the share which came in favour of his
late father consisted of 11 shops, 4 godowns, 31 rooms, 15 Wcs,
10 bathrooms and 1 staircase in the said building and this is
within the knowledge of the parties. First Appeal No.407 of
1982 is presently pending before the Allahabad High Court for
final hearing, wherein certain interim orders have been passed.
Particular reference was made to interim order dated 23rd March
1983 which is in the nature of permitting the parties to
manage the properties in dispute including Lalsingh Mansingh
building situated at Mumbai. It is the case of the appellants
that under the said Will, the testator has bequeathed rooms
described as 1st and 2nd rooms facing Seikh Memon Street on
fourth floor i.e. room Nos.B-58 and B-57, which are in use and
occupation of the appellant, to original plaintiff no.2 and
wife of deceased respectively. So also the rooms described as
7th and 8th rooms in the said Will facing Kitchen Garden Lane on
fourth floor are Rooms Nos. C-17 and C-18 which have been
assigned for use and occupation of his family members as prayer
room and kitchen and fridge room respectively by the testator
under his Will. Room described as one room on third floor in
the said Will is room No.C-16 assigned for common use for
himself and his family members by the deceased and all these
above properties are the subject matter of the appeal pending
in the Allahabad High Court, wherein the suit for partition
