PARVATHI Vs. VENKATRAMANA PRASAD

JUDGEMENT

(1.) FIRST respondent filed O. S. No. 57/1992 on the file of the Civil judge. Puttur on 14. 9. 1992 against respondents 2 to 11 (defendants 1 to 5 and 7 to 11) and Appellants (defendants 6 and 12) seeking a decree:

(2.) A preliminary decree was passed in the said suit on 7. 11. 1996 declaring that plaintiff and defendants-7 to 11 were entitled to 1/ 72nd share each, defendants-1 to 5 were entitled to 1/12th share each, and defendant No. 6 was entitled to half share, in the plaint schedule property. Issues 3 to 7 were left open to be decided in the final Decree proceedings. Those issues were as to whether defendant No. 6 has effected any improvements and if so, its value (Issue No. 3), whether 6th defendant was entitled to reimbursement of the value of such improvements (Issue No. 4), whether there were any binding family debts and if so what provision was to be made (Issue No. 5), what is the correct income from Bschedule property (Issue No. 6) and whether plaintiff was entitled to future mesne profits or rendition of accounts from the 6th defendant (Issue No. 7 ).

(3.) THE preliminary decree was challenged by 6th and 12th defendants in RFA 132/1997. This Court dismissed the appeal by judgment dated 29. 5. 1998. It is stated that the appeal filed by them before the Supreme Court was also dismissed.