Rajiv Sahai Endlaw, J.

This first appeal under Section 96 of the Code of Civil Procedure (CPC), 1908 impugns the judgment and preliminary decree of partition dated 5th May, 2010 (of the Court of Additional District Judge (ADJ)-06 (Central), Delhi in CS No.397/09 filed by the respondent for partition, possession and permanent injunction with respect to land ad measuring, 1 bigha 10 biswas in Khasra No.132, 1 bigha in Khasra No.133 and 1 bigha 40 biswas in Khasra No.194 situated in Lal Dora of Village Majri, P.O. Karala, Delhi) declaring the respondent/plaintiff to be having ¼th share in the property and restraining the appellants/defendants from selling, alienating or disposing of the same in any manner whatsoever. The appeal also impugns the order dated 1st October, 2011 of the learned ADJ in the proceedings pursuant to the preliminary decree for partition, inter alia directing the property to be auctioned.

2. The appeal came up before this Court first on 8th December, 2011 when the following order was passed:-

"1. Appellant no.1 appears in person. I have pointed out to the appellant no.1 the judgments in the cases of Commissioner of Wealth Tax, Kanpur v. Chander Sen AIR 198