SURENDER KUMAR GUPTA Vs. MAHENDER KUMAR GUPTA

JUDGEMENT

(1.) By way of present petition under Article 227 of the constitution of India filed by the petitioner, there is challenge to order dated 21st August, 2010 passed by Civil Judge, vide which application under Section 3 of Indian Partition Act, 1893 (for short as ,,Act) for grant of pre-emptive right to petitioner to buy the share of the respondent, was dismissed.

(2.) Brief facts as emerges from the record are that, petitioner filed a suit for partition in the year 1982. That suit was decreed and a preliminary decree was passed on 22nd December, 2003, whereas final decree was passed on 17th May, 2004.

(3.) Petitioner filed appeal against the final judgment and decree, wherein non-disposal of the objections filed by him to the report of Local Commissioner was taken. First Appellate Court, vide its judgment dated 13th December, 2006 observed as under: