filed by Sheela widow of Narendra Fiske for declaration, partition and separate possession of the family property. In the aforesaid suit, counter claim was filed by the defendant nos.1, 4 to 8. The preliminary decree was passed by the Trial Court on 27.02.2012 determining the shares of the plaintiff and defendant nos.1 to 8. The defendants were restrained from alienating the suit property till partition takes place by metes and bounds. The preliminary decree passed by the Trial Court was not challenged by the plaintiff and defendant nos.1 to 8. Defendant no.9-appellant herein was held to be having no right, title or claim in the suit property. The defendants were directed to demolish the construction raised in violation of the Municipal Laws. It is the aforesaid preliminary decree which was challenged only by the defendant no.9, namely, the present appellant before the High Court. The appeal was dismissed, while modifying the operative part of the order of the Trial Court only to the extent that the defendant nos.2 and 9 were directed to demolish the construction on the suit plot forthwith.
