their brother (second petitioner herein). The property said to have been originally belonged to one Musthafa, the deceased father of the respondents and the husband of the first petitioner. The case of the petitioners is that the deceased Musthafa had already given the family share to the respondents herein. It is stated that the petitioners were residing in a hundred year old residential building situated in the plaint schedule property. According to them, the house building was in a dilapidated condition and based on the application of the petitioners, the court below had passed Exhibit-P4 order dated 10.4.2017 on I.A.No.2420 of 2016 in the said O.S. permitting the petitioners to renovate the old residential building and as per Exhibit-P5 order dated 27.9.2017 on I.A.No.2407 of 2017 in the said O.S., the court below had appointed an Advocate Commissioner to implement the said renovation work. It is also stated that the petitioners herein had undertaken that if the house comes under the share of the plaintiffs as per the final judgment of the Munsiff's Court in the partition suit, then the petitioners shall hand over the building to the respondents. It is the case of the petitioners that during the renovation process, due to the extreme old age of the house, the roof and chimney of the building had collapsed and fallen down destroying the building completely. After the collapse of the old building, the Commissioner had also occasioned to visit the site and had submitted Exhibit-P6 report dated 2.11.2017 based on the site
