CHANBASAPPA HOLIYAPPA KOLLJ Vs. SOMAPPA HOLIYAPPA KOLLI

JUDGEMENT

(1.) At the stage of admission, the respondent is notified Accordingly, he has put in appearance through his counsel. Hence, the matter is heard on merits.

(2.) This civil revision petition is directed against the order dated 11th November 1980 passed by the learned Civil Judge, Ranebennur, in F.D P. No 2/79 rejecting I A No 1 filed by the petitioners. Pursuant to the preliminary decree for partition and separate possession of the suit properties, the Commissioner was appointed in respect of the non-agricultural properties to effect partition in accordance with the terms con- dingly, the Commissioner divided the properties and submitted his report dated 18-3-1977. The parties were given an opportunity in the matter and thereafter on consideration of the objections of the parties the Court with certain modifications accepted the report of the Commissioner by the order dated 2nd November 1978 Accordingly, the suit regarding non agricultural properties came to an end. The order dated 2-11-1978 amounts to a final decree and as such, it is appealable. No appeal is preferred against the said order. As such, the said order has become final and conclusive. Long time thereafter, the application in question has been filed claiming easement of necessity with a prayer that 12 feet path be set apart in the portion of the property allotted to defendant No. 1. This application has been rejected by the lower Court.

(3.) Sri P. Ramachandra Rao, learned Counsel for respondent, submits that the application I. A. 1 is not maintainable in view of the fact that the order dated 2-11-1978 has become final and the learned Civil judge had no jurisdiction to entertain the application I. A. No 1. It is also further urged that as long as the order dated 2-11-1978 has become final, it is not open for the trial Court to pass any order so as to affect or modify the said order dated 2-11-1978. The learned Counsel also submits that it is still open for the petitioner to establish the alleged right of easement of necessity by filing a separate suit.