Partition–Code of Civil Procedure, 1908–Order 41, Rule 27–Final decree of partition–First appeal–Respondent entered into an agreement of sale of one shop which had come in his share as no interim stay was in operation during the pendency of appeal–Decree of specific performance has been passed in favour of purchaser subject to the decision of the first appeal–Now, offer of appellant that he is ready and willing to purchase the shop has no relevance with the issue of partition–Further, in regard to the sale of half share in the shop no. 3 by the respondent has been challenged by the appellant by filing the separate suit claiming his preferential right to purchase the same–Additional evidence produced in regard to this fact is also not required to be considered in this appeal–No illegality, infirmity or perversity is found in the impugned judgment of trial Court.
