MARIYAPPA K S Vs. K T SIDDALINGA SETTY

JUDGEMENT

(1.) This appeal is preferred by defendents 1 to 4 against the Judgment and Decree dated 4th October 1976 passed by the learned IIIrd Additional Civil Judge, Mysore, in 0 S. No. 127 of 1973. The trial Court has passed the decree in the following terms : In the result and for the foregoing reasons the suit is decreed with costs and it is declared that the decree in O S. No. 28/5253 was obtained by collusion. There shall be a Preliminary decree for partition of the suit properties. The partition of the immoveable properties assessed to land revenue shall be made under this decree by the Deputy Commissioner or his gazetted subordinate duly authorised in that regard under Section 54 C.P C. The partition of moveables shall be effected by a Commissioner appointed in that regard. The profits due to the plaintiffs shall be ascertained in a separate enquiry under Or.18 Rl.18 C.P.C. Draw up a preliminary decree accordingly.

(2.) Respondents 1 to 4 are plaintiffs 1 to 4 and respondents 5 and 6 are defendants 5 and 6. Appellants 1 to 4 are defendants 1 to 4. In this Judgment, the parties will be referred to with reference to the position assigned to them in the trial Court.

(3.) The suit was filed on 9-8-1973 for a declaration that the preliminary and the final decree passed in O.S. No. 28/52-53 on the file of the District Judge, Mysore, were a nullity in as much as same were tainted with fraud and collusion. They also sought for a decree for Partition and separate possession of their 1/4th share in the suit schedule properties by dividing them by metes and bounds with enquiry into future mesne profits.