GEETHA Vs. N.V. VENKATACHALA BHATTA

JUDGEMENT

(1.) This appeal by the petitioner-plaintiff in FDP No.32/2012 on the file of the Principal Civil Judge and CJM, Shivamogga (for short "the Trial Court") is directed against the impugned order dtd. 29/2/2020 passed by the Trial Court allowing the said final decree proceedings filed by the petitioner-plaintiff.

(2.) Heard learned counsel for the appellant, learned counsel for the respondents and perused the material on record.

(3.) The material on record discloses that the appellantpetitioner-plaintiff had instituted the aforesaid final decree proceedings in FDP No.32/2012 to enforce and implement the judgment and decree dtd. 12/12/2003 in O.S.No.113/1994 passed by the Trial Court. As per the judgment and decree, the appellant-plaintiff-petitioner was declared as being entitled to 1/15th share in the suit schedule properties. However, as per the modified judgment and decree passed in R.A.No.106/2008 by the First Appellate Court, the appellant-plaintiff-petitioner was declared to be entitled to 1/12th share in the suit schedule properties. Pursuant to the aforesaid preliminary decree, the appellant-petitioner-plaintiff instituted the instant final decree proceedings, which were allowed by the Trial Court by passing the impugned order. Aggrieved by the final decree passed by the Trial Court directing division of the property by restricting it to 1/12th share in the suit schedule property in favour of the appellant-plaintiff, the appellant plaintiff is before this Court by way of the present appeal.