RABINDRA KUMAR MEHRA Vs. TARA CHAND MEHRA

JUDGEMENT

(1.) By an order dated July 8, 2019, this Court had passed the following order: "This is a suit for partition. All the parties are represented by their respective Counsels. It is agreed by the Learned Counsels that the suit may be decreed. Accordingly, the suit be and the same is decreed in preliminary form. It is declared that the plaintiffs and the defendants are entitled to their respective shares indicated in paragraph 19 of the plaint. Such shares are, accordingly, declared. Decree be drawn up expeditiously. To effect the partition in between the co sharers by metes and bounds let a Commissioner of Partition be issued to cause partition of the suit property. The Commissioner of Partition shall complete the partition work within three months. Mr. Gautam Kumar Ray, Learned Advocate (9073911724) is hereby appointed Commissioner for Partition for the purpose as aforestated. For the present the Commissioner of Partition will be paid a sum of Rs.25,000.00 which shall be borne by the parties in equal share and be paid within fortnight. However, further remuneration will be considered after the report is filed by the Commissioner of Partition in Court, after the partition is completed. The Commissioner is also permitted to take assistance of any surveyor, if he deems fit, but after obtaining leave of this court. Parties will be at liberty to pray for final decree after Commissioner of Partition files report."

(2.) Being aggrieved with the order dated July 8, 2019, the defendant No. 3 had preferred an appeal before the appellate Court being APO No. 137 of 2019 and the Hon'ble Appeallate Court by an order dtd. 11/11/2019 had dismissed the appeal filed by the defendant No.3 on the ground of maintainability without going into the merits of the matter.

(3.) After dismissal of the appeal, the defendant No.3 has filed the present application being G.A 22 of 2019 in CS No. 90 of 2012 for recalling of the order dated July 8, 2019 passed in CS No. 90 of 2012 and fixing the case for argument.