RAGHURAM REDDY Vs. SARASAMMA

JUDGEMENT

(1.) This petition by the respondent No.1 in FDP.No.2/2016 is directed against the impugned orders dtd. 8/6/2022 and 9/6/2022 by the Additional Senior Civil Judge and JMFC, KGF (for short, 'the trial Court') whereby, the application filed by the respondent No.1 under Order XXVI Rule 13 of the Code of Civil Procedure, 1908 to appoint a Court Commissioner to effect partition was allowed by the trial Court.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) The material on record discloses that the respondent No.1 has instituted the aforesaid final decree proceedings in which the petitioner is arrayed as respondent No.1 and the respondent Nos.2 and 3 herein are the remaining respondents. In the first instance, the F.D.P.No.2/2016 having been dismissed on 24/9/2020, the respondent No.1 filed an appeal in R.A.No.75/2020 in which, the first appellate Court passed an order dtd. 13/9/2021 and set aside the order passed by the trial Court and remitted the matter back to the trial Court for reconsideration of F.D.P.No.2/2016 afresh in accordance with law. While doing so, the first appellate Court issued the following directions: