KALYANI Vs. SANJEEVA SOANS

JUDGEMENT

(1.) Sri. S. Udayashankar, learned High Court Government Pleader, has entered appearance for respondents 2 to 5. As this petition can be disposed of on a short point it is heard for final disposal.

(2.) In this petition under Arts. 226 and 227 of the Constitution, the petitioner has sought for quashing the orders dated Nil bearing No.Dis.CLW II 163/82-83 passed by the Deputy Commissioner D.K.Mangalore, and 28th of March 1988 passed by the Ka'rnataka appellate Tribunal, Bangalore, in Appeal No. 432 of 1983 (L.R.) Annexure-C and D respectively.

(3.) The petitioner is a sister of respondent No.1. The first- respondent obtained a decree for partition and separate possession of a share in O.S.No. 62 of 1977 dated 31-7-1980 from the court of Civil Judge, Udupi, Dakshina Kannada. There was an appeal against the aforesaid decree and cross objections preferred before the District Judge, Dakshina Kannada, in R.A.No.13/1980. In the appeal, the learned District Judge modified the decree in the following terms: