DEVAMMA AND ORS. Vs. SANNATHAYAMMA AND ORS.

JUDGEMENT

(1.) This regular second appeal is filed by the defendants in O.S.No.865 of 1995 challenging the judgment and decree dated 19th December, 1995 as well as the final decree proceedings in F.D.P.No.14 of 2000. The appeal filed by the appellants before the First Appellate Court in R.A.No.413 of 2011 was rejected in view of the dismissal of an interlocutory application for condonation of delay.

(2.) For the sake of brevity and easy understanding, the parties in this judgment are referred to as they were arrayed before the Trial Court. The appellants herein were defendants while the respondents were plaintiffs before the Trial Court.

(3.) The case has a chequered history as is evident from the judgment of the First Appellate Court. The plaintiffs filed O.S.No.868 of 1995 for partition and separate possession of the share of the plaintiffs in the suit property bearing khatha No.138 (new khatha No.82) situated at Mysuru Village. The said suit was decreed ex-parte on 19th December, 1995. The plaintiffs filed F.D.P.No.14 of 2000 on 16th December, 2000. Long thereafter, the defendants filed Misc.No.14 of 2001 to set aside the ex-parte judgment and decree which was dismissed for non-prosecution. Again, the defendants after long lull, filed Misc.No.1 of 2003 under Order 9 Rule 9 of the Code of Civil Procedure, 1908, which too was dismissed on 22nd November, 2006. The final decree proceedings initiated by the plaintiffs gained steam and the final decree was drawn on 22nd March, 2010. A Court Commissioner was appointed for division of the properties and at that point in time, the plaintiffs filed an appeal in R.A.No.413 of 2011 not only challenging the ex-parte judgment and decree in O.S.No.868 of 1995 but also the final decree drawn in F.D.P.No.14 of 2000.