N.ANAND RAO Vs. K.R.RADHIKA

JUDGEMENT

(1.) In this appeal, respondent Nos.5 and 6 have challenged the order passed in Final Decree Proceedings No.23/2011 on 28/11/2018 by the Principal Senior Civil Judge and C.J.M., Ballari (for brevity 'the FDP Court').

(2.) The appellants were the respondent Nos.5 and 6, respondent No.1 was the petitioner and respondent Nos.2 to 5 were respondent Nos.1 to 4 before the FDP Court. Hence, for the sake of convenience, parties shall be referred to as per their status before the FDP Court.

(3.) The brief facts of the case are, the petitioner as plaintiff has filed a suit in O.S.No.74/2006 against the respondent Nos.1 to 4/defendants No.1 to 4, seeking grant of partition and separate possession of her share in three properties consists of item No.1, a house property in Kh.No.9, K.H.B.Colony, 1st Cross, Gandhinagar, Ballari and item Nos.2 and 3, two landed property situated at Somasamudra village, Ballari taluk. The suit came to be decreed by judgment and decree dtd. 16/12/2010 granting 6/25th share in favour of the petitioner, 6/25th share each in favour of respondent Nos.1 to 3 and 1/25th share in favour of respondent No.4. Challenging the said judgment and decree, the defendant No.4 has filed RFA No.3052/2011, defendant Nos. 1 to 3 have filed RFA No.3044/2011. By common judgment dtd. 29/11/2002, both the appeals came to be dismissed by this Court. Thereby, the litigation reached the finality.