HARISH TANDON,J. - (1.) Vakalatnama filed today on behalf of opposite parties no. 2, 3 and 4 be kept with the record.
(2.) This revisional application is directed against Order No. 127 dated 20th March, 2010 passed by the Civil Judge, (Senior Division), Katwa, District Burdwan, in Misc. Case No. 5 of 1992 by which an objection to the Commissioner's Report was rejected.
(3.) The plaintiffs, being the co-sharers, filed an application under Section 4 of the Partition Act claiming preemption, which was registered as Misc. Case No. 5 of 1992. The said application was dismissed by the trial Court but the appellate Court reversed the said finding and ultimately this Court declined to interfere with the said order. Thus, the application for preemption under Section 4 of the Partition Act stood allowed and for the purpose of ascertainment of the market value of the property, Commissioner was appointed. The Commissioner considered the sale deeds produced by the parties before him and submitted his report in the year 2007 assessing the present market value at Rs. 60,000/- for undivided ? .. "rd share. The petitioners objected the said valuation report on the ground that the Commissioner did not take into consideration the comparable sale deeds of the relevant year and also did not afford opportunity to lead evidence in support of their contention. Such objection was not found tenable by the trial Court in the impugned order.;