PUTTASWAMY Vs. ERAIAH

JUDGEMENT

(1.) Though this appeal is listed for admission, with consent of the learned counsel for both the parties, and given the nature of the submission made, the appeal is taken up for final disposal.

(2.) This appeal is filed by the plaintiff calling in question the impugned judgment and decree dated 24.09.2018 in R.A.No.47/2017 on the file of V Additional District and Sessions Judge, Mandya (for short, 'the appellate Court'). The appellant's grievance is that the appellate Court has set aside the order dated 14.08.2017 in FDP NO.2/2001 on the file of the I Additional Senior Civil Judge and CJM, Mandya (for short, 'the final decree Court') and remanded the matter for fresh consideration in the light of the observation made by this Court in Writ Petition No.26729/2009.

(3.) The learned counsel for the appellant submits that the dispute pertains to adjudication of IA No.15 filed by the deceased Sri Eraiah, son of Siddegowda under Section 4 of the Partition Act, 1893 read with Section 151 of CPC seeking for allotment of a particular portion in one of the suit schedule property as a matter for working out equities. On 15.07.2009, the final decree Court rejected this application. This order dated 15.7.2009 is called in question in a Writ Petition in Writ Petition No.26729/2009. This Court has set aside the order dated 15.07.2009 directing the final decree Court to reconsider the issue of making equitable partition as claimed by the deceased Sri.Eraiah leaving open all legal contentions open. The final decree Court, in the light of this order dated 15.07.2009 and the subsequent order of this Court in Writ Petition No.26729/2009, by the impugned order has passed final decree properties without any equities as claimed by the deceased Sri. Eraiah.