VIRUPAXI Vs. SHIVAKUMAR SHIVASHANKARAYYA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 16/11/2018 passed in FDP.No.21/2001 by the Principal Senior Civil Judge and C.J.M., Belagavi, whereby the Trial Court directed the jurisdictional Tahashildar to execute a commission warrant and also issued certain directions in this regard.

(2.) Heard the learned counsel for the petitioners and learned counsel for the respondent Nos.2, 3, 4, and 21A and perused the material on record.

(3.) The material on record discloses that the petitioners/plaintiffs instituted the aforesaid final decree proceedings against the respondents/defendants to enforce and implement the preliminary decree dtd. 21/6/2001 passed in RFA.No.697/1997. During pendency of the proceedings, the Court Commissioner having been pointed out in relation to the certain properties, the parties requested the Trial Court to effect the partition and pass a final decree in respect of R.S.No.14 of Chandur village of Belagavi Taluk and District and in terms of the preliminary decree. The Trial Court after hearing the parties proceeded to pass the impugned order directing the Tahashildar already appointed on 16/4/2009 to execute the commission warrant and also issued certain directions in this regard. It is the grievance of the petitioners/plaintiffs that in the impugned order, the Trial Court has made certain observations and recorded certain findings against the petitioners, which would be detrimental and affect their right, title, interest, share and possession over the suit schedule properties at the time of drawing up of final decree and as such petitioners are before this Court by way of the present petition.