(1.) THIS application has been filed under Order XIV Rule 8 of O.S.Rules r/w Order XXVI Rule 9 of the Code of Civil Procedure r/w Section 3 of Partition Act for passing a final decree in the above suit by allotting 2/3rd share to the applicant by metes and bounds based on the Advocate Commissioner's report.
(2.) THE applicant filed a suit for partition against defendants/respondents and preliminary decree was passed on 25.02.2011. The plaintiff/applicant was held entitled to separate possession of 2/3rd share in the suit property.
(3.) THE necessity, therefore arose to appoint an Advocate Commissioner to inspect the property for dividing it by metes and bounds, by allotting 2/3rd share to the applicant. It is also submitted, that final decree to be passed in terms of the report by the Advocate Commissioner.