SIYA DEVI Vs. MEERA DEVI

JUDGEMENT

(1.) I have already heard the learned counsel for the petitioner and learned counsel for the respondents.

(2.) Being aggrieved by the order dtd. 23/12/2020, passed by the learned Sub-Judge-X, Vaishali at Hajipur in Partition Suit No. 180 of 2007, whereby the petition on behalf of the respondent/defendant nos. 3 and 6 dtd. 13/2/2020 challenging the report of the survey knowing Advocate Commissioner has been allowed, setting aside the report of the survey knowing Advocate Commissioner, whereunder he has included the properties which were already sold by defendant nos. 2 and 3.

(3.) The brief facts of this case is that the petitioner/plaintiff instituted Partition Suit No. 180 of 2007 with a prayer for declaration that she is entitled to 1/9th share in Schedule-II properties mentioned in the plaint and for passing a preliminary decree in that respect. A prayer was also made for appointing a survey knowing Advocate Commissioner for carving out 1/9th share of the plaintiff.