SOKKAMMA Vs. H.N. SONNAPPA

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is filed by the legal representatives of plaintiff no.1 seeking for the following releifs.

(2.) Heard the learned counsel appearing for the parties.

(3.) The plaintiffs had filed O.S.No.84/1992 seeking the relief of partition and separate possession of their share in the suit schedule properties. The suit was contested by the defendants. The Trial Court by judgment and decree dtd. 28/2/2005 had decreed the suit and preliminary decree was accordingly drawn. The said judgment and decree passed in O.S.No.84/1992 was confirmed in appeal by this Court. Thereafter, the plaintiffs had filed FDP No.26/2005 before the trial Court and in the said proceedings, respondent no.1 herein, who was defendant no.5 in the suit had filed I.A.No.V to include one property which was left out in the preliminary decree passed in O.S.No.84/1992. He had sought for partition and division of the said property amongst the plaintiffs and defendants proportionately along with other suit schedule properties. The said application was opposed by plaintiff no.1. Similar application was filed in I.A.No.6 by respondent no.2 herein, who was defendant no.6 in the suit. The trial court vide the order impugned allowed the said applications and being aggrieved by the same, legal representatives of deceased plaintiff no.1 is before this Court.