JUDGMENT :

1. By this petition under Article 227 of the Constitution of India, the petitioners have impugned an order dated 29.01.2019 passed by the Jt. Civil Judge Senior Division, Aurangabad, below Exh. 130 in Civil M.A. No. 836/2014, by which the learned Judge had rejected the report of the Court Commissioner appointed for effecting partition of the suit properties amongst the petitioners and respondents.

2. The case has a chequered history, however, relevant facts germane for decision of the petition can be stated as follows :

Petitioners are the legal heirs of deceased Basant Singh, who was original plaintiff in Special Civil Suit No. 50/71. Respondents are the legal heirs of original defendant no. 2, namely, Avatar Kaur. Special Civil Suit No. 50/71 filed by the petitioner/original plaintiff came to be decreed by virtue of a preliminary decree passed by Civil Judge Sr. Division on 24.12.1999. The operative part of the judgment is extracted below.

“ORDER

1. The suit is partly decreed.

2. It is declared that the plaintiff and defendant no. 2 Autarkaur have 1/6th share each in the properties bearing Municipal No. 5-5-26 and 5-5-29 (purchased vide three sale deeds at Exhs. 339 (6608 sq