OBAMMA Vs. BORAIAH

JUDGEMENT

(1.) This appeal is filed by the judgment debtor against the judgment and decree dated 26.8.2013 made in R.A.No.7/2013 on the file of Senior Civil Judge, Challakere, confirming the final decree proceedings dated 5.12.2012 made in F.D.P.No.1/2009 on the file of Principal Civil Judge, Challakere, allowing the petition directing the office to draw final decree in pursuance of the preliminary decree in terms of the Commissioner's sketch.

(2.) The respondents who are the plaintiffs in O.S.No.248/1975 filed a suit for partition and separate possession of half share. The suit came to be decreed, it was confirmed in the appeal in RA 24/1981. Aggrieved by the said judgment and decree of the Courts below, the present judgment debtors who are the respondents therein filed RSA No.727/1991. The said appeal came to be dismissed on 2.6.1998 for non filing of paper books within the time.

(3.) In pursuance of the said judgment and decree, the decree holders filed F.D.P.1/2009 under Order 20 Rule 18 r/w Section 54 of Code of Civil Procedure to pass the final decree. After considering the entire material on record and after framing necessary issues held that, after perusing the case papers, Court Commissioner was appointed to execute as per the preliminary decree. He visited the suit properties and executed Commissioner warrant as per preliminary decree. Before that he has issued notice to the concerned parties and submitted his report to the Court. After filing the Commissioner's report, petitioners submit no objection to Commissioner's report, but the respondents filed objections to the Commissioner's report. Hence, summons was issued to Court Commissioner and he was examined as CW1. Commissioner report was marked as Ex.C1.