Partition Act, 1893–Sec. 4–Specific Relief Act, 1963–Sec. 16–Partition–Defendant Nos. 1, 2 & 4 to 7 desired to sell the property–Agreement of sale deed was executed in favour of appellant–He filed suit for the execution of sale deed–Suit was decreed by trial Court–Defendant no. 3 was not the party of suit–He proposed to purchase the 9/11 share of the property–Direction of High Court to him to pay the consideration amount within three months–In case of default, appellant was hold entitled for relief of specific performance of sale deed–Appreciation of –n view of provisions of Sec. 4, he was having rights to purchase the shares of other defendants to exclude the outsider–Order passed by High Court was based on the consent of parties hence no appeal lies against it–Held, no interference is required in the impugned order of High Court.
