N.K. Balakrishnan, J.

This Appeal is filed by the 3rd defendant in a suit for partition. A preliminary decree was passed by the trial Court. Appeal filed by the appellant herein was dismissed by the appellate Court. Admittedly the plaint schedule property originally belonged to Ramu the husband of deceased Kalyani and the father of plaintiffs 2 to 4 and the first defendant. A suit was filed earlier by the first defendant one of the sons of deceased Ramu against the 2nd defendant. (That suit is unconnected with the suit property). That suit was dismissed. For realisation of the cost the 2nd defendant brought the plaint schedule property for sale. The property was sold in court auction. It was purchased in auction by the 2nd defendant and her mother. The sale was confirmed and the sale certificate was issued. Though a petition was filed under Order XXI Rule 90 as E.A. 89/1985 to set aside the sale, that application was dismissed. Thereafter, a suit O.S. 503/1986 was filed to set aside the sale. That suit was also dismissed. It is thereafter, the present suit was filed for partition as O.S. No. 42/1994.

2. The 3rd defendant contended that since the property was sold in court a