RAMAKRISHNAPPA Vs. VIJAYAMURTHY

JUDGEMENT

(1.) The original 3rd defendant/respondent No.3 in the Final Decree Proceedings filed the present writ petition against the order dated 13.12.2016 on I.A. filed by the respondent Nos.7(a) to 11 under Section 151 of Code of Civil Procedure in FDP No.1/2004 to draw the final decree as per the orders dated 08.12.2004 and 06.07.2015 by the Court by mentioning the boundaries to the share properties in the final decree.

(2.) The first respondent who was the plaintiff before trial Court filed O.S.No.211/1983 for partition and separate possession in respect of suit schedule properties. After contest, the suit came to be dismissed on 03.0199 Aggrieved by the said judgment and decree, the plaintiff filed R.A.Nos.37/1992 c/w 41/1992 before the District and Sessions Judge, Bengaluru, who by judgment and decree dated 07.08.1999 confirmed the judgment and decree passed by the trial Court. Being aggrieved by the concurrent finding of facts recorded by the courts below, the first respondent filed RSA Nos.826/1999 c/w 173/2000. This Court after hearing both the parties, by judgment and decree dated 09.11.2010 decreed the suit in part granting 1/4th share to the plaintiff in the suit schedule property.

(3.) The said judgment and decree was the subject matter in Civil Appeal Nos.2862-2863/2005 before the Hon'ble Supreme Court. The Hon'ble Supreme Court by an order dated 09.11.2010 dismissed the appeals confirming the Judgment and decree passed by this Court granting 1/4th share to the plaintiffs. Thereafter, the plaintiff filed FDP No.1/2004 before the trial Court to implement the decree. In the Final Decree Proceedings, the FDP Court by an order dated 08.12.2004 accepted the commissioners report and subsequently by an order dated 06.07.2015 directed the office to draw the decree in terms of the shares allotted and that the commissioners report and sketch will be part of the final decree proceedings. Against the said orders, the petitioners herein filed R.A.Nos.13/2015 and 84/2015 before the District and Sessions Judge, Bengaluru. Learned counsel for the parties submit that there was no interim order passed in the said appeals and the appeals are pending for adjudication. Thereafter, the respondent Nos.7(a) to 11 filed an application under Section 151 of Code of Civil Procedure to direct the office to draw the final decree as per the orders dated 08.12.2004 and 06.07.2015 mentioning the boundaries to the shared properties in the final decree. In the application, boundaries to the shares allotted to the petitioners and respondents are also shown. The said application was opposed by the present petitioner.