GOYAL TEXTILES Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) A preliminary decree of partition was passed on 6th April, 2004 On 24th May, 2007 statements were made by the learned counsel for the parties that both of them were willing to buy out the share of the other. In these circumstances, learned Single Judge also appointed a Local Commissioner for ascertaining the market price of the property bearing No. D-240, Defence Colony, New Delhi.

(2.) The appellant is aggrieved by the aforesaid order of appointment of the Local Commissioner and also the directions for issue of proclamation of the sale of the property by public auction, wherein it will be open for the parties to submit their bids and participate in the sale in accordance with law.

(3.) Mr. Arun Bhardwaj, Sr. Adv. appearing for the appellant submits before us that although the parties had stated that they were willing to buy each others share but they had not given any consent in writing for sale of the property by a public auction. He also relies on the provisions of Sections 2 and 3 of the Partition Act in support of his submission that without a prayer made by the parties, no such order for sale of the property could have been passed. He also relies upon Faquira versus Raj Rani reported in AIR 1984 Delhi 168.