JUDGMENT Raghvendra Kumar,J. -- Initially a regular Suit No. 316 of 1995 was instituted by Shree Narain Tiwari against Prem Narayan Tiwari for the relief of partition and for realization of rent. The suit was decreed in favour of plaintiff vide order dated 4.4.2007 passed by learned Additional Civil Judge, Kanpur Nagar ( S.D.) Court No. 3, Kanpur Nagar. 2. Being aggrieved by the judgment and order passed by the trial court, Prem Narayan Tiwari/appellant preferred civil Appeal No. 57 of 2007. It has been decided vide order dated 19.8.2016 by learned Additional Sessions Judge/FTC Court No. 52, Kanpur Nagar whereby the appeal has been dismissed. 3. Heard Sri Ramendra Asthana holding brief of Sri M.L.Maurya, learned counsel for the appellant. 4. It has been submitted that the trial court has not made any mention in the operative part of the judgment with respect to the jewellery business and Fad (verandah), two bhandaria (stores) and dochhatti. It does not find mention in the operative portion of the judgment of the trial court. The First Appellate Court has taken care of the fact and has made categorical observation in the last paragraph of the certified copy of the judgment at page 17 of the paper book. 5. Both the courts below have declared rights to the parties on the basis of the Will. The Will has not been disputed by either side. The courts below have recorded the concurrent findings. The findings do not appear to be perverse which may warrant any interference by this Court. 6. However, it is made clear that the adjudication made by first Appellate Court as contained in the above referred judgment shall be taken into consideration at the time of preparation of final decree. 7. No substantial question of law arises. 8. The appeal is bereft of merit and is, accordingly, dismissed. Consequently the judgment and orders of the learned courts below are hereby affirmed.