( 1 ) PLAINTIFFS in T. S. 68/1973 of the 5th Court of the Assistant District Judge, Alipur have called in question the legality, validity and the propriety of the order accepting the Advocate Commissioner's report in an application for pre-emption. The predecessors-in-interest of these petitioners filed a suit for partition and prayed for permanent injunction in T. S. 68/73 against the defendants/opposite parties. After the death of the original plaintiff, these petitioners were substituted as his legal representatives who were allowed to prosecute the suit. Sk. Abdul Haque, the defendant No. 1opposite party contested the said suit for partition by filing his written statement. The defendant No. 1 is said to have acquired an interest in the disputed property which is a family dwelling house under several purchase deeds. He is a stranger to the family. The partition suit was preliminarily decreed on contest against the defendant No. 1 and ex parte against others. In the said suit, it was held that the plaintiffs-petitioners were entitled to 209 / 864th share in the suit property. The final decree application is now pending in the Trial Court. Thus, the petitio