BHANU SHANKAR Vs. VIJAY SHANKAR

JUDGEMENT

(1.) This appeal under Order 43 Rule 1(j) has been filed assailing the order dated 18.7.2011 passed in Execution Case No. 20-A/2008 by learned Third Additional District Judge, Jabalpur by the appellants.

(2.) No exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal. Suffice it to say that plaintiff Vijay Shankar Raikwar who has been arrayed as respondent no. 1 herein this appeal and who shall be referred to as the first respondent filed a suit for partition claiming 1/5th share in the suit property and for obtaining separate possession of his share arraying Ravi Shankar (respondent no. 1), Bhanu Shankar and Vinod Shankar (respondents no. 2 and 3/appellants), Smt. Manorma (defendant no. 4) and Smt. Madhubala (defendants no. 5/respondent no. 3) as parties to the suit. The said suit of plaintiff was decreed by learned Trial Court on 4.2.2002. A copy of the judgment is placed on record. After passing of the preliminary decree when the partition decree was put to execution, a Commissioner was appointed but the property in question could not be partitioned and as stated by learned counsel for the parties, the Court Commissioner submitted a report to the Court that it is not possible to partition 1/5th share and to deliver separate possession of the suit property to the plaintiff. Eventually, the disputed property was firstly attached and thereafter put for sale.

(3.) After the property in question was auctioned, the present appellants filed objections under Order XXI Rules 89 & 90 to set aside the auction sale. This application has been opposed by the respondent no. 1. The learned Executing Court by the impugned order has rejected the application. Hence, this appeal has been preferred by the appellants.