O R D E R

This Revision is filed challenging the order of the trial Court passed in I.A.No.136 of 2014 in O.S.No.288 of 2005 for auctioning a certain property under Section 4 of the Partition Act.

2.Heard the learned counsel for the respondents. In the course of the final decree proceedings in a partition suit in O.S.No.288 of 2005, an Application was taken in I.A.No.136 of 2014 for sale of the property under the Partition Act. The Court has appointed a Commission but, literally has out sourced all its duty to the Commissioner. In other words, it did not even fix the upset price or had gone for proclamation and in the process has violated the ratio of the Judgement of the Division Bench of this Court in Appu alias Subramania Patter Vs. O.Achuta Menon [ILR 49 Mad 333], Jagannathan Vs. Angamuthu Pillari [AIR 1990 Mad 226] and the Judgement in Ramaswami Naicker Vs. Nagammal [ 83 LW 199].

3.Both sides made a joint statement that the procedure adopted is not consistent with law.

4.1 It is now evident that the order passed in I.A.No.136 of 2014 in O.S.No.288 of 2005 shall go. The Civil Revision Petition is accordingly allowed and the order passed in I.A.No.136 of 2014 in O.S.No.288 of 2005 i