PRAKASH BALKRISHNA NAIK Vs. SURENDRA BALKRISHNA NAIK

JUDGEMENT

(1.) Rule. Made returnable forthwith. By consent, the petition is taken on board for final hearing. Heard the Counsel.

(2.) The petitioners herein are the judgment debtors in Special Civil Suit No.85/1984 filed by the respondents for partition of the property that had been jointly purchased by petitioner no.1 and respondent no.1 in the year 1969. Petitioner no.1 and respondent no.1 are the real brothers.

(3.) The suit property "Madant" consists of plot no.51 admeasuring 532 square metres and plots no.14 and 15, together admeasuring 2040 square metres. The petitioners have their house at plot no.51. On a portion of the other two plots they have established a workshop for barge building business and allied works. In view of the existing structures on the suit property, the respondents in extreme fairness, while seeking partition of the property in the suit, offered to sell their share in plot no.51 to the petitioners and to have the other two plots so divided by metes and bounds, as far as possible, that the portion over which the workshop is situate would fall to the share of the petitioners.