PABBA SATYAMMA ALIAS RENYKUNTA BALAIAH Vs. PABBA SATHYAMMA

JUDGEMENT

(1.) This Civil Revision Petition is directed against the auction held on 28-01-2010 in pursuance of the order passed in I.A. No. 481 of 2005 in O.S. No. 55 of 2000 on the file of the Court of Principal Junior Civil Judge, Siddipet.

(2.) O.S. No. 55 of 2000 between the Petitioner herein and the Respondents herein was filed by the Respondents 1 and 2 for partition and separate possession of the suit house bearing Door No. 6-2-68 situated at Borra Hanuman Temple, Siddipet and a preliminary decree was passed by the trial Court on 11-12-2003 granting 2/3rd share to the Plaintiffs and 1/3rd share to the revision Petitioner and Respondents 3 and 4 herein. A.S. No. 6 of 2004 against the preliminary decree at the instance of the revision Petitioner was dismissed by the Senior Civil Judge, Siddipet on 22-10-2005 and Second Appeal No. 1569 of 2005 was dismissed by the High Court on 23-06-2006. Thereafter, an Advocate Commissioner was appointed by the trial Court to effect partition of the property by metes and bounds and the Commissioner in his report dated 21-01-2009 stated that the width of the property is only 14 feet 4 inches and in view of its shape, it is difficult to effect partition of the property into nine (9) equal shares. Consequently, the Plaintiffs applied for an order for sale of the property under Section 2 of the Partition Act, 1893 (for short "the Act") in I.A. No. 481 of 2005.

(3.) The trial Court ordered in the said petition to sell the property in public auction and distribute the sale proceeds among the sharers as per the preliminary decree. Thereafter, on the direction of the trial Court, a public notice was given by publication in a Newspaper about the auction of property by the trial Court on 21-04-2009. In the meanwhile, the revision Petitioner herein came up with I.A. No. 324 of 2009 to stay the auction, but the trial Court dismissed the petition by an order dated 01-06-2009 as the procedure being adopted under the Act is permissible and as the subject property cannot be conveniently partitioned as per the preliminary decree.