THE HON'BLE MR JUSTICE V.ESWARAIAH SECOND APPEAL No.557 OF 2009 DT.27.09.2011 Between: Shaik Jamal Bibi … Appellant And Syed Jani Basha & Ors … Respondents Counsel for the Appellants: Sri Paravastu Krishna Counsel for respondent: Sri The Court made the following JUDGMENT: THE HON'BLE MR JUSTICE V.ESWARAIAH SECOND APPEAL No.557 OF 2009 JUDGMENT: Heard. The respondent herein filed the suit O.S.356 of 1971, on the file of the Principal District Munsif Magistrate, Narasaraopet for partition of the plaint schedule property and allot 1/8th share in his favour and the said suit was decreed. Thereafter, the plaintiffs 2 and 3 therein filed I.A.No.973 of 1989 for passing a final decree to appoint the Commissioner to divide the decree schedule property into four equal shares and to allot one share to the 1st plaintiff and two shares to the 2nd plaintiff and one share to the 1st and 2nd respondents in terms of the preliminary decree. It is not in dispute that the preliminary decree was confirmed in A.S.No.9/1991. In the said I.A.No.973 of 1989, the orders were passed on 3-8-1992 directing the parties to file estimated value of the property before 11-8-1992, failing which the Court will proceed on the basis of the available record to fix the value and for auctioning the same between the parties. Aggrieved by the said order, the petitioner herein filed A.S.No.66 of 1992 on the file of the Additional Senior Civil Judge, Narsaraopet, and the lower appellate Court by order dated 10-7-2000 dismissed the appeal confirming the orders in I.A.No.973 of 1989 in O.S.No.356 of 1971, dated 3-8-1992. Aggrieved by the same, this appeal is filed contending that the auction of the said property is illegal and the property cannot be conveniently divided, and any division will result in miscarriage of justice. In view of the concurrent findings arrived at by both the Courts below, I do not see any substantial question of law that arise for consideration in this Second Appeal. The Second Appeal is accordingly dismissed. No costs. _______________ (V.ESWARAIAH,J) DATE: 27.09.2011 grk THE HON'BLE MR JUSTICE V.ESWARAIAH (The Judgment of the Bench delivered by Hon’ble Sri Justice V.Eswaraiah) SECOND APPEAL No.557 OF 2009 DATE: 27.09.2011 GRK