LAXMI AND ORS. Vs. MAVALU AND ORS.

JUDGEMENT

(1.) The legal representatives of deceased defendants 1 and 2 in O.S. No. 39 of 1993, have preferred this second appeal, assailing judgment and decree passed in R.A. No. 259 of 2006, dated 22-10-2008 by Civil Judge (Senior Division), Yellapur, by which, order dated 22-7-1999 passed in FDP No. 3 of 1996, has been confirmed.

(2.) For the sake of convenience, parties shall be referred to, in terms of their status before the Trial Court.

(3.) Respondents 1 to 5 are plaintiffs in O.S. No. 39 of 1993. They filed a suit against Appayya and Honnappa, whose legal representatives are appellants herein and Ravalappa, who is purchaser of one of the items of suit schedule property, before the Court of Munsiff at Haliyal. By judgment and decree dated 19-3-1996 suit was decreed declaring that plaintiffs and defendants 2 and 3 therein had 1/3rd share each in suit schedule properties. A direction was issued to draw up a preliminary decree in the aforesaid terms. Thereafter plaintiffs filed Final Decree Proceedings (F.D.P. No. 3 of 1996) before the Trial Court seeking division of their 1/3rd share by metes and bounds. In the said proceeding, Trial Court appointed the Tahsildar as a Court Commissioner to divide landed properties and one Sri H.S. Yogesh, Advocate of Haliyal Bar, as the Commissioner to divide 'A' Schedule properties being the house properties at Basavalli Village at Haliyal Taluk. That order was assailed by appellants herein in R.A. No. 259 of 2006. By judgment and decree dated 22-10-2008, the appeal filed by appellants herein has been dismissed. Being aggrieved by said judgment and decree of the Appellate Court confirming the order of Trial Court passed in final decree proceedings, this second appeal has been preferred.