S.B.CIVIL SECOND APPEAL NO. 233/2004 Banwari Lal Versus. Smt. Phool Devi and others. 15/09/2008 HON'BLE MR.JUSTICE ASHOK PARIHAR. Mr. BL Dhakar on behalf of Mr. Virendra Agarwal, for the appellant. Ms. Mumtaj Bano on behalf of Mr. RK Mathur, for the respondents. While allowing the suit for partition, the preliminary decree was ordered to be prepared by the trial court vide judgment and decree dated 08/02/2002. The above judgment and decree passed by the trial court has further been affirmed by the lower appellate court with certain modifications vide judgment and decree dated 28/02/2004. After having carefully gone through the material on record, on the basis of concurrent findings of fact, since after due consideration proper discretion has already been used by both the courts below, in the facts and circumstances, no further interference is called for by this Court, moreso, when no substantial question of law arises. The trial court may now proceed with preparation of the final decree in accordance with law. The appeal is dismissed accordingly as having no merits. (Ashok Parihar), J.