K.A.Mohamed Shafi, J :

This C.R.P having been finally heard on 5.6.2001, the court on 3.8.2001, passed the following :

The common order in I.A.Nos. 1543 and 6092 of 2000 in I.A.No.1240 of 1993 in O.S.No.165 of 1987 on the file of the subordinate Judge's Court, Thrissur is under challenge in this revision petitioner.

2. The above suit was filed by the plaintiffs for partition and separate possession of two items of plaint schedule properties. A preliminary decree for partition was passed by the trial court directing partition of item 1 into three shares and item 2 into five shares. The plaintiff filed I.A.1240 of 1993 to pass final decree in terms of the preliminary decree. The lower court issued a commission to effect actual division of properties in accordance with the preliminary decree. The commissioner filed report before the court stating that plaint schedule item 2 which is of an extent of 6 and 38/100 cents with residential building is not feasible for actual division and suggesting sale of that item of property among the sharers. The court permitted sale of that item of property by auction among the sharers. The commissioner conducted the sale and the sale was conf