- (1.)Being aggrieved by the judgment and order dated 26th June, 2007, delivered in A.P.D. No.614 of 2005 by the High Court of Calcutta, this appeal has been filed against the concurrent findings arrived at by the High Court in the aforestated appeal.
(2.)Facts which are relevant for the purpose of determination of the present appeal in a nutshell are as follows :
It is an admitted fact that as per the consent decree passed in Suit No.1274 of 1957 by the Calcutta High Court, the property, a residential house, situated at 34, Elliot Road, Kolkata, belonged to Shri Nagendra Bala Guha, Shri Hari Ranjan Guha and Smt. Kanak Nahar. The said three owners owned one-half, one-fourth and onefourth share respectively of the said property. In this appeal, we are concerned only with one-fourth share of the said property, which belonged to Smt. Kanak Nahar, who is respondent no.3 in this appeal.

(3.)As the property belonged to the aforestated three persons and as it was not possible to divide the same by metes and bounds, a prayer had been made to the High Court for permitting sale of three-fourth share of the property belonging to Shri Nagendra Bala Guha and Shri Hari Ranjan Guha to present respondent nos.1 and 2 i.e. Shri Javed Akhtar and Shri Parvez Akhtar, who are brothers. In the said proceedings, Smt. Kanak Nahar had also filed an application with a prayer that she be also permitted to sell her one-fourth share to the present respondent nos.1 and 2 Shri Javed Akhtar and Parvez Akhtar.