K SUNDAR RAO Vs. K RAMAKRISHNA RAO

JUDGEMENT

(1.) THIS writ petition arises out of an interim order passed on i. A. No. 4 dated 8. 8. 2007 in FDP No. 5/2001 on the file of the Principal civil Judge (Jr. Dn. ). , Udupi.

(2.) K. Ramakrishna Rao-respondent herein had filed a suit in o. S. No. 17/1987 on the file of the Principal Munsiff at Karkala against his elder brother Narayana Shervegara and one K. Sheshappayya for partition and separate possession of the suit schedule properties. A preliminary decree was passed in the suit on 7. 1. 1992. An appeal filed against the said judgment and decree in R. A. No. 29/1992 on the file of the Additional Civil Judge (Sr. Dn. ). , Udupi, was also dismissed. Narayana Shervegara died in the meantime. K. Ramakrishna Rao filed FDP No. 5/2001 against the legal representatives of Narayana shervegara and K. Sheshappayya requesting the court below to pass a final decree for partition and delivery of his 1/3rd share in the plaint 'a' schedule properties in pursuance of the preliminary decree. The respondents in the FDP have filed their objections. The petitioners herein (respondent Nos. 2, 3 and 6 in FDP No. 5/2001) filed an application (I. A. No. 4) before the trial Court requesting the court below to hold an enquiry on their objections filed to the main application before proceeding further and grant them such reliefs as the circumstances of the case may require. The respondent herein has opposed the said application. The court below has rejected the application by the impugned order, which is under challenge in this writ petition.

(3.) I have heard the learned Counsel for the parties.