S.A. No. 27 of 2009 With Stay App. 4544 / 09 Hon. Prafulla C. Pant, J. Mr. Lalit Mignali, Advocate present for the appellant. Heard learned counsel for the appellant and perused the impugned judgment and decree dated 06.03.2009, passed by Addl. District Judge / IV F.T.C., Haridwar, in Civil Appeal No. 48 of 1998, whereby the said court has dismissed the appeal, and affirmed the judgment and decree dated 01.07.1998, passed by the trial court [II Addl. Civil Judge (Junior Division), Haridwar]. There is concurrent finding of fact against the defendant / appellant. The suit was for partition which was decreed by the trial court and a preliminary decree was directed to be prepared. Learned counsel for the defendant / appellant submitted that the plea of adverse possession taken by the defendant should have been decided by the trial court. There is no question of decree of adverse possession where the defendant was admittedly co-owner with the plaintiff. Having considered the submission of learned counsel for the defendant / appellant, this Court does not find any substantial question of law involved in this appeal. Accordingly, the appeal is dismissed summarily. (Stay Application No. 4544 of 2009 also stands dismissed). (P.C. P., J.) 10.06.2009 HN