PREMA SUNDAR Vs. C. SHIVASHANKAR AND ORS.

JUDGEMENT

(1.) THIS appeal is filed challenging the order dated 26.11.2012 passed by the Court below in C. Misc. No. 25068/2012 filed under Order 47 Rule 1 of CPC seeking review of the judgment and decree passed in O.S. No. 26088/2007.

(2.) PETITIONER herein was respondent No. 1 in the review petition filed before the Addl. City Civil Judge, Mayohall, Bengaluru. The said review petition was filed by defendants 8 and 9 in the suit praying for passing a final decree by modifying the judgment and decree passed on 09.11.2011. The grievance made by the review petitioners was that instead of passing final decree in terms of the memo filed by the review petitioners/defendants 8 and 9, trial Court had passed a preliminary decree.

(3.) PLAINTIFF also contended that in her portion of the property she was living, but defendants 8 and 9 being strangers to suit schedule property tried to trespass into the property denying the title of plaintiff, therefore, she filed the suit for partition of her 1/6th share in the property.