JUDGMENT - M.S. DESHPANDE, J.:---This appeal by the original plaintiffs Nos. 1, 2, 4 and 5 is directed against a decree passed in terms of compromise.

2. The plaintiff Nos. 1 to 5, claiming to be entitled to certain shares in two properties, viz., a residential house and an open site known as MALBOTA, brought the suit for a declaration that the Instrument of Division executed on 13-7-1973 was null and void and for partition and separate possession of their shares in the properties. A preliminary decree was passed on January 5, 1984, declaring that the partition-deed dated July, 13, 1973 was null and void and also declaring the respective shares of the plaintiffs and the defendants Nos. 1 to 5 in the two properties. A commissioner was appointed to divide the suit properties as well as for reporting whether the division was possible. The Commissioner made a report on April 16, 1984 that the residential house property was indivisible, but the open site could be divided. On February 14, 1990, the proclamation of sale of properties was issued and the date for sale was fixed as March 15, 1990. The respondent No. 5 was the highest bidder, his bid being Rs. 7,50,000/- for the residential ho

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