When there is no request as provided under section 2 of Partition Act, whether Court is competent to direct sale of the property by auction among the sharers or by public auction? Whether for an equitable and fair division of the property dehors of Partition Act court can direct sale of the property or is it mandatory to allot the property to one of the sharers with a direction to pay compensation to the other sharers if it is found that the property cannot be reasonably and conveniently be divided. These are the questions to be answered in this writ petition filed under Article 227 of the Constitution of India.

2. The facts are not complicated. O.S. 224/1999 was instituted before sub court, kozhikode for partition and separation of share of plaintiffs. As per the preliminary decree, it was found that plaint schedule property is available for partition and it is to be divided into 26 equal shares and plaintiffs are entitled to one share. So also defendants 5 to 8 together are entitled to one share. Plaintiffs filed I.A.761/2003 for passing a final decree in accordance with the preliminary decree. A Commission was appointed to divide the property. Commissioner submitted re