NARENDRA CHOUDHARY Vs. AMRENDRA CHOUDHARY

JUDGEMENT

(1.) This petitioner was defendant before the court below and he has filed this application for issuance of an appropriate writ order or direction for setting aside the order dated 06.08.2011 passed by the learned Sub-Judge, 1, Sitamarhi in Final Decree No. 5 of 2009. The learned court below without deciding the objection petition of this petitioner ordered for preparation of final decree.

(2.) Heard the learned counsel for the petitioner. However, no body appeared on behalf of the respondent.

(3.) The respondent is full brother of the petitioner and he had filed a Partition Suit No. 103 of 2005 for partition of family property claiming 1 /3rd share in the land mentioned in schedule-1 of the plaint. The suit was decreed and a preliminary decree was passed on 01.02.2007. On the petition of this petitioner an Advocate Commissioner was appointed to carve out a separate Patti for the petitioner in the suit property. As per preliminary decree, the learned Advocate Commissioner prepared Takhtabandi and submitted a report. This petitioner filed an objection on 16.06.2011 against the report of the Advocate Commissioner on the ground that the Advocate Commissioner has not prepared Takhtabandi properly. The court below without deciding the objection of the petitioner has ordered for preparation of final decree.