SAHEB KHAN Vs. MOHD YOUSUFUDDIN

JUDGEMENT

(1.) Leave granted.

(2.) The appellant had purchased certain property in a Court sale. The High Court has set aside the sale. The decision of the High Court has been impugned in this appeal.

(3.) The disputed property was the subject-matter of a suit for partition between the respondents or their predecessors-in-interest. The property was not partible. The Trial Court accordingly directed sale of the suit property. An Advocate Commissioner was appointed to sell the suit property. The order directing sale required the Advocate Commissioner "to sell the suit property in auction between the parties to the suit or in public auction, if the parties are not coming forward after following the due procedure like giving wide publicity".