GAYATHRI Vs. D.THIMMAPPA

JUDGEMENT

(1.) The appellants are legal representatives of one T.Rangaiah, the second defendant in O.S.No.23/1990 on the file of Civil Judge, Bhadravati. The said suit was filed by respondents No. 1 to 3. The fourth respondent was defendant No.5 in the suit, and after her death, her legal representatives were brought on record in final decree proceedings.

(2.) The suit filed by respondents 1 to 3 was for partition in respect of certain items of the property described in schedules 'A' and 'B' of the plaint. By judgment dated 16.12.1992 the trial court partly decreed the suit and preliminary decree was ordered to be drawn. For better understanding of the decree, the operative portion is extracted as below:-

(3.) Thereafter the respondents 1 to 3, being the plaintiffs initiated final decree proceedings which was registered as FDP 54/2000. In the said proceeding, the court appointed a commissioner, whose report came to be accepted and final decree was ordered to be drawn by judgment dated 19.02.2007. Aggrieved by this final decree, the legal representatives of original defendant No.2 have preferred this appeal.