JUDGMENT :

Petitioners are legal representatives of late Brij Nandan Ghildiyal. Brij Nandan Ghildiyal filed a partition suit before learned Civil Judge (Senior Division), Pauri Garhwal, which was registered as Civil Suit No. 29 of 2000. During pendency of the suit, Brij Nandan Ghildiyal died and petitioners were substituted in his place.

2. Learned trial Court passed a preliminary decree in the said suit on 02.04.2012 holding that all the four sons of late Anusuya Prasad Ghildiyal (father of late Brij Nandan Prasad Ghildiyal) will get 1/4th share in the family property.

3. After passing of the preliminary decree, petitioners moved an application under Order 26 Rule 13 C.P.C. for issuing a commission to make partition as per the rights declared in the preliminary decree. Trial Court appointed an Advocate Commissioner, who submitted his report on 15.01.2016.

4. Thereafter, report was also called from Deputy Nazir. Based on the report submitted by Deputy Nazir, learned trial Court passed an order on 30.09.2019 directing the Deputy Nazir to prepare Kurras in respect of remaining 0.099 hectare land and hand over possession of such remaining land to petitioners. Respondent nos. 1 to 6 challe