Hon’ble A.P. Sahi, J.—Heard Sri S.C. Verma alongwith Sri Azad Rai, learned counsel for the petitioners and Sri M.P. Sinha alongwith Sri Vimal Kumar Rai for the respondent Nos. 2, 3 and 4. No one has appeared for the respondent No. 5 - Gaon Sabha inspite of notice having been served. Learned Standing Counsel has been heard for the respondent No. 1.

2. This writ petition arises out of a suit for partition filed by the predecessor in interest of the respondents late Prabhunath Rai seeking division of the holdings under Section 176 of the U.P. Z.A. & L.R. Act, 1950. The suit was filed on the ground that the shares to the extent of half and half between the plaintiff and the defendant Uma Shanker Rai in dispute be divided and the property should be accordingly partitioned.

3. The contest was put forth by late Uma Shanker Rai the predecessors interest of the petitioner Nos. 1 to 4 contending that the said defendant Prabhunath Rai had only 1/5th share in the property and that one of the plots had been exclusively purchased through an auction which should not have been subject-matter of the suit.

4. The suit proceeded and it appears from the order-sheet that has been filed alongwit