JUDGMENT :

BIBEK CHAUDHURI, J.

1. A suit for partition and administration of estate being CS No.296 of 1997 filed by the predecessor-in-interest of the present appellants was decreed in preliminary form by this Court by a judgment dated 16th February, 1999. The relevant portion of the preliminary decree passed in the said suit is reproduced below:-

"I have satisfied with the submissions made by the learned Counsel on behalf of the plaintiff in respect of shares and in respect of the immovable property being the subject matter of partition. Since there is no objection with regard to share and property, I apply the principle of Order 8, Rule 5 of the Code of Civil Procedure and pass a preliminary decree in terms of prayer(s) of the plaint.

Ms. Swapna Mukherjee, an Advocate of this Court, member of the Bar Library Club, is appointed Commissioner of Partition, Commissioner of Partition be appointed in the property who will work over the property and take necessary steps for the purpose of partition by metes and bounds by way of dividing and effecting partition of the said property as per the agreement in terms of the undivided 1/5th share. The Commissioner of Partition will complete her wo