Dear Client,

What is court order ? Probate court has restricted jurisdiction as to duly execution of WILL, attested by two witness or administration of an estate if WILL declared void or invalid but on prayer of parties. 

has application been made for probate 

probate is judicial proof that will is genuine 

3) if in partition suit one of the parties relies upon will court would direct it to file petition for probate of will 

4) both suits would be clubbed together 

5)court can pass orders for division of property by metes and bounds 

6) if property cannot be divided court would direct sale of property 

If WILL is registered than judge is bound to provide decree as per WILL if the property is owned by the WILL maker.

Kindly provide the WILL house hierarchy tree and who is responded in this case and plaintiffs.

See if court has granted a relief which is not prayed for order can be challenged in the appellant court as the court cannot.go outside the preview of suis and cannot provide such relief.

Your query is ambiguous without proper details.

Is this a partition suit, if so whether the partition suit arose out of bequest made through a Will?

If so, whether the Will forbids anyone to sell their share to outsider ?

What is the suit before court and what was the verdict by court?

Since the case is pending awaiting the commissioner's report, there can be no verdict yet (?)

In my opinion, you may seek a second opinion from a different  advocate by producing the relevant papers before him 

1. The suit appears to be in at the stage of final decree.

2. Now unless you prefer an appeal against preliminary decree the commissioner would demarcate the boundary and final decree would be granted.

3. In any event the court has passed the decree of partition. Now it would be left open for the parties to buy back the share of another person. now if any of you remain unwilling then the provisions of Will can not be put into effect. 

1. The will can be discarded by the court only through a consent decree.

2. There are no rules in this regard. If the will is not under challenge then court can overcome it only through a consent decree.

in a partition suit the court only divides the property by metes and bounds

for example a land owned by a person. when he dies without a Will, it would go to his legal heirs. now all legal heirs have an undivided share in the land. no legal heir can claim right over any specific portion of the property. so in such a case the legal heirs can file a partition suit to divide the property and separate the shares in the land such that each legal heir is allotted a particular portion of the property. This is known as division by metes and bounds

court has not gone beyond the Will. Rather i think it has acted in furtherance to the Will. If the land is divided then any legal heir can opt to buy out the share of any other legal heir as stated in the Will

would like to see the exact order passed by the court

also in a partition suit the court is not bound to rely on the Will unless the Will is accepted by all legal heirs to be the genuine and last Will of the deceased owner. If there is any objection to the Will, then the Will needs to be proved first by filing a declaratory suit by the party who wishes to rely on the Will or if applicable, a probate petition 

you need to approach the appellate jurisdiction to set aside the said order.