• Ancestral property partition among brothers

We have ancestral property at ARRAH town in the state of BIHAR, about 60 km from PATNA.
The property is on a plot comprising of house lengthily in the middle and vacant land on both sides.
The property is of our grandfather (demised 1961) since 1954, received through partition of his father's (our great grand-father demised 1948) property. My grandfather (demised 1961) had 3 (three) sons. They are all deceased. My elder uncle (demised 1999) has 4 sons, my father (demised 2004) has 3 sons, my younger uncle (demised 2004) has 1 son. Thus, in all we are 8 cousins-brothers to share our three fathers’ 1/3rd share each in the property.
Thus, the basis considered for partition of the property is primarily to be done among our three fathers, i.e. elder uncle, my father, my younger uncle. They are all demised.
In 2009 my younger uncle’s son (petitioner) filed a petition in Civil Court at Arrah for partition of his one-third share in the property. He made us, his other 7 cousins, respondents, We all respondent cousins (elder uncle’s 4 sons : Respondent Party No. 1, my father’s 3 sons : Respondent Party No. 2) appeared in court at Arrah expressing that we are entitled to one-third share for each Party.
In Janaury 2014 judgement was delivered in the court of Sub-judge, Arrah directing that petitioner get appointed a survey-knowing advocate commissioner and get allocated his share. 
	The appointed advocate commissioner has done measurements but is yet to finalise the measurements & valuation and earmarking shares. The report is still not submitted. The petitioner and the respondents have all appeared before the advocate commissioner. The petitioner has prayed to court to only get allocated his 1/3rd share and leave aside the two respondent parties.
	Having heard & read that in a partition suit every co-sharer, petitioners and respondents, are all in the capacity of plaintiffs or in the capacity of defendants, I need to be advised on the following:
	QUESTIONS & ISSUES
1.	Are the respondent two parties debarred by the judgement from being allocated their 1/3 share each in the property alongwith the petitioner’s 1/3 allocation?
2.	Is the judgement in consonance with established principles of justice ? Is the judgement good in law ?
4.	What acts of Indian laws govern such a partition suit? 
5.	What relevant judgements of courts in India, particularly Patna/Bihar, could be referred to such a partition suit where all the petitioners and respondents are allocated their due shares by the advocate commissioner? 
6.	In the eventuality of only the petitioner being allocated his 1/3 share in the ancestral property by the advocate commissioner/court final decree, 
(i)	what is the remedy for the the respondent sharers ?
(ii)	Which are courts in which appeals could lie ?