3. The petitioner herein is respondent No.6 in I.A.No.4475 of 2014 in O.S.No.67 of 2013. Originally the suit O.S.No.67 of 2003 was filed by respondents 1 and 2 herein for partition. After passing a preliminary decree on 30.10.2006, the first defendant filed an appeal i.e., CCCA.No.71 of 2007 before this Court and this Court, by judgment and decree dated 13.06.2013, dismissed the same. After passing the preliminary decree, I.A.No.2856 of 2007 was filed for appointment of an Advocate Commissioner in order to pass final decree and the Advocate Commissioner was appointed. During the pendency of the appeal, the first defendant died and his legal representatives were brought on record. During the pendency of appeal, this Court directed the trial Court to proceed with other proceedings, but stayed the final decree proceedings. Though the Advocate Commissioner, who was appointed in I.A.No.2856 of 2007, submitted a report on 26.11.2007, but in view of the pendency of the appeal, no final decree was passed. After disposal of the appeal on 13.06.2013, respondent No.9 in I.A.No.4475 of 2014 filed an application for appointment of an Advocate Commissioner to measure the extent of property presently available and the property sold by the first defendant before passing the final decree. The petitioner herein as well as other defendants, filed a memo for allowing the said application and the trial Court passed an order on 13.07.2015, appointing the