URVASHI JAISWAL Vs. USHA RAMSISARIA

JUDGEMENT

(1.) This appeal is directed against the order dated 6th September, 2007 passed by the learned Single Judge with reference to the inter se bidding which was resorted to by the learned Single Judge in terms of the prayer of the counsel appearing for the parties.

(2.) In this connection we may refer to the order dated 30th August, 2007 passed by the learned Single Judge. A bare perusal of the said order would indicate that a preliminary decree was passed in the suit, which was filed praying for a decree of partition and determining the shares of the parties thereto. It was held that the appellant as plaintiff is entitled to 1/3rd share and that defendants No.1 and 2, who are husband and wife, are jointly entitled to 1/3rd share and the balance 1/3rd share would go to the defendant No.3. Admittedly, the defendant No.1 is the wife of defendant No.2. The defendant No.1 has filed the present appeal on which we have heard the learned counsel appearing for the parties.

(3.) In the aforesaid suit after the aforesaid preliminary decree was passed, a Commissioner was appointed by the court to see as to whether the property could be divided by metes and bounds.