SIDDAGANGAMMA Vs. RAJLAKSHMI

JUDGEMENT

(1.) IN this writ petition, petitioners are challenging the order dated 1. 9. 2007 passed by the learned Civil Judge (Jr. Dn.) and JMFC. , koratagere, rejecting LA. No. 3 filed under Order 21, Rule 2 read with section 151 CPC in FDP No. 2/2006.

(2.) PETITIONERS -1 and 2 are defendants -1 and 2 in O. S. No. 78/2003. Respondent herein had fled the said suit seeking partition and separate possession of the joint family properties. Thus suit was decreed and a preliminary decree came to be passed on 22. 12. 2005 declaring that the plaintiff and the defendants had l/3rd share in all the suit schedule properties. It was held that the plaintiff was entitled for partition and separate possession of her l/3rd share and a direction was issued for effecting partition in terms of Section 54 CPC.

(3.) PURSUANT to the said decree the plaintiff-respondent herein initiated final decree proceedings in FDP No. 2/2006. In the final decree proceedings, the Court below appointed a Court Commissioner for effecting partition. The Commissioner warrant was issued on 24. 8. 2006. The matter was adjourned to 25. 10. 2006. Subsequently, after several adjournments, petitioner No. 2 herein - respondent No. 2 in the final decree proceedings was placed exparte. However, petitioner No. 1 herein was represented by a counsel.