JUDGMENT

The decree schedule property is a substantial house extending to 8 cents of land in RS No. 393/c of Koduvayur village of Chittur Taluk in Palakkad District. The plaintiffs are together entitled to three fourth share and the defendant is entitled to one fourth share over the same. Proceedings for passing a final decree in terms of the preliminary decree for partition are pending. The Advocate Commissioner deputed in the final decree proceedings returned the warrant of appointment without executing the same.

2. There is neither a report nor a finding that the decree scheduled property is incapable of division by metes and bounds. The court below therefore erred in directing the property to be sold amongst the parties straight away without any deeper probe. The proceedings in the suit also do not reflect any auction having been conducted amongst the parties as per law. The proceedings dated 05.03.2012 merely states that the plaintiff were present with their counsel who offered a sum of `5 lakhs which was accepted.

3. I also do not find any order permitting the petitioners to bid and set off their shares. Such an order is essential under Section 6 of the Partition Act, 1893. The