B.VENKATESH Vs. RAMAIAH

JUDGEMENT

(1.) This appeal is preferred by the respondent No.1 in FDP No.3/2019 on the file of the II Additional Civil Judge and JMFC Court, Ballari and the same was challenged in R.A.No.69/2020 on the file of the II Additional Senior Civil Judge, Ballari, which came to be dismissed confirming the Judgment and Decree in FDP No.3/2019.

(2.) The relevant facts for adjudication of this appeal are that, the petitioner in FDP No.3/2019 has filed O.S.No.820/2014, seeking partition and separate possession in respect of the suit schedule property and the said suit came to be decreed by Judgment and Decree dtd. 8/1/2019, declaring that the plaintiff is entitled for 1/5th share in the suit schedule property. Thereafter, the petitioner has filed FDP No.3/2019 before the trial Court seeking drawing up of final decree in terms of the preliminary decree and in the said proceedings, the Assistant Director of Land Records, Ballari, (ADLR) was appointed as Court Commissioner to conduct the local inspection and to file a report with regard to the division of the properties by metes and bounds. However, the ADLR, in turn, delegated the power of inspection of the suit schedule property to the surveyor and the report made by the surveyor was made available before the FDP Court and the same was accepted. The Court in FDP No.3/2019, decreed the final decree proceedings in terms of the report made by the ADLR, Ballari. Feeling aggrieved by the same, the petitioner in FDP No.3/2019 preferred R.A.No.69/2020 on the file of the First Appellate Court and the same was resisted by the respondent. The First Appellate Court after considering the material on record by Judgment and Decree dtd. 27/7/2021, dismissed the appeal, consequently the Judgment and Decree dtd. 3/11/2020 in FDP No.3/2019 on the file of the II Additional Civil Judge and JMFC Court, Ballari, came to be confirmed. Feeling aggrieved by the same, the petitioner has preferred this Regular Second Appeal.

(3.) I have heard Sri. H.R.Deshpande, learned counsel for the appellant, Sri. S.A.Sondur, learned counsel for the respondent No.1 and Miss. Surabhi Kulkarni, learned counsel for the respondent Nos.2 to 4.