DANDU DAWOOD BASHA Vs. ABDUL KHADER

JUDGEMENT

(1.) This Civil Revision Petition arises out of final decree proceedings in a suit for partition.

(2.) The petitioner, respondents 14 and 15, by names, Pyari Bi and Sogra Bi are children of late Ameer Sab. Pyari Bi filed O.S. No. 94 of 1969, for partition of various items of the suit schedule properties on the death of Ameer Sab. A preliminary decree was passed way back on 2-12-1970 and the same became final. Thereafter, she filed LA. No. 471 of 1972 for passing final decree.

(3.) While the partition of various items of the suit schedule did not pose any problem, it became difficult to divide the items 7 to 11 of the suit schedule properties. In that view of the matter, I .A. No. 504 of 1972 was filed to have recourse to the procedure under the Partition Act, 1893 (for short "the Act"). The I.A., was allowed and the Advocate Commissioner was appointed for the purpose of conducting sale of those four items. In an auction conducted on 18-9-1972, the deceased 1st respondent-Mr. Abdul Khader emerged as the successful bidder for Items 7 and 11 and the 2nd respondent-Mr. V. S. Ansar Basa became the successful bidder for Items 8 and 10. They have deposited the entire sale consideration, and the sale in their favour was confirmed.