- (1.) The parties have been litigating since several decades in respect of a small property for partition and separation of their shares.
(2.) Admittedly, the property is not partible or divisible because of the number of co-sharers. It further appears that in course of the proceeding, some of the co-sharers sold, transferred and conveyed their undivided interest in favour of the defendant No. 2, who, admittedly, acquired the undivided 3/4th share of the property and the plaintiffs having undivided 1/4th share in the suit premises. The partition suit is pending since 1955.
(3.) By the impugned order, the Court even after treating the application filed by the defendant No. 2 to be an application under Section 2 of the Partition Act (hereinafter referred to as 'said Act') proceeded to allow another application filed by the said defendant under Section 3 of the said Act. Simultaneously, the Court rejected the other applications filed by the plaintiffs by which the order dated 19th November, 2011 was sought to be recalled and/or reconsidered.;