NOOR FATMA Vs. ANAND BHANDARI

JUDGEMENT

(1.) THIS first appeal has been filed by the interveners- appellants against the Order dated 13.01.1993 conforming the Pleader Commissioner's report and the final decree signed on 20.02.1993 by Sri B.K. Choudhary, the learned Sub Judge IIIrd, Muzaffarpur in partition Suit No.106 of 1960.

(2.) IT appears that the plaintiffs-respondents filed the aforesaid suit for partition. The said partition suit was decreed. During the pendency of the final decree proceeding, the parties to the suit sold many of the properties. Earlier in the final decree proceeding, Pleader Commissioner was appointed. The said Pleader Commissioner submitted his report which was confirmed and final decree was prepared on 19.09.1987. IT further appears that subsequently by Mungeshwar Sahoo, J. terms of Order dated 16.06.1989 passed in Misc. Case No.5 of 1987, the said final decree prepared on 19.09.1987 was set aside. Thereafter, on the application of defendant No.6 to 12, another Advocate Commissioner was appointed to curve out the share of defendant No.6 to 12. From perusal of the impugned Judgment/ Order, it appears that notices were issued by the Advocate Commissioner. None of the parties filed any objection to the appointment of second Advocate Commissioner. Thereafter, the Advocate Commissioner submitted his report. Several objections were filed by the plaintiff and the defendants. These appellants filed intervention application for being added as party in the case on the ground that they have purchased from the parties to the suit. After considering the objections and hearing the parties by the impugned Judgment/ order, the learned Court below confirmed the Pleader Commissioner's report and allowed the intervention application of the appellants and granted liberty to these appellants to apply for carving out their separate patti.

(3.) IN view of my above discussion, I find no merit in this First Appeal and according this First Appeal is dismissed. IN the facts and circumstances of the case, the parties shall bear their own costs.