S.N.Hussain, J.

1. Heard learned counsel for the parties.

2. The petitioner was defendant-Judgment debtor in partition suit No. 7 of 1945 which was originally filed by the predecessor of opposite party Nos. 1 to 11 for partition of their eight annas five daam share in the suit property. The said suit was decreed and Preliminary decree was prepared to the extent of the share claimed by the plaintiff, but the said Preliminary decree was never challenged by any one and it attained finality. Thereafter, Final decree was prepared by the trial Court in the year 1949 against which First Appeal No. 186 of 1949 was filed by the defendant-Judgment debtor which was allowed with certain modification and directions. Against the said Judgment and decree of this Court Civil Appeal No. 1014 of 1964 was filed and the same was allowed by the Hon ble Apex Court on 6.2.1967 by which the matter was remanded to the trial Court with a direction to take fresh steps for preparation of the Final Decree.

3. Accordingly, the trial Court appointed an Advocate Commissioner for Takhtabandi etc., but before he could submit his report he died. In the meantime, on 15.4.1982 a petition for compromise was fil