JUDGMENT :

G.K. Misra, C.J. - The plaintiff-petitioner is the decree-holder. In execution of a decree dated 24th April, 1961, he purchased one fourth share of opposite party no. 1's interest in the coparcenary property of which opposite parties 2 to 7 are the co-sharers on 3-4-1964. The petitioner put the decree into execution and got symbolical delivery of possession. Bat the execution became in-fructuous. Ultimately, in 1966, he filed T.S. No. 17 of 1966 for partition of his one-fourth share. This suit was decreed by the learned Munsif on 6-5-1969.

In appeal, the 3rd Additional Subordinate Judge, Cuttack, called upon the Munsif to record as finding a to whether the suit for partition was maintainable without the decree being put to execution for getting symbolical delivery of possession jointly with other co-sharers. His direction was to the effect :

"The learned Munsif shall submit his findings with additional evidence taken if required to the Court within three months from the date of order."

Against this order calling upon the Munsif to record a finding on the particular issue that the Civil Revision has been filed.

2. The sole question for consideration is whether the auction-purc