A. KRISHNA SHENOY Vs. GANGA DEVI G.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This special leave petition has been filed by the appellant, aggrieved over the judgment of the High Court confirming the supplementary preliminary decree granted in favour of his sisters, who have been arrayed as respondents No.1 and 2 before us.

(3.) A suit for partition was filed, on the first occasion, in O.S. No.205/1994 in which the petitioner was arrayed as a defendant. The preliminary decree passed in the said suit has become final as against the petitioner herein. However, two of his sisters were not arrayed as parties. An attempt made by them subsequently during the final hearing of the proceedings, did not yield any fruit. Thereafter, they filed an independent Suit in O.S. No.47/2014 seeking partition. During the pendency of the said suit, they filed an application seeking yet another preliminary decree in the earlier suit against the petitioner before us. Accordingly, a supplementary preliminary decree was passed, which, in turn, is confirmed under the impugned order. Challenging the same, the present special leave petition is filed.