DAMODARAN Vs. KESAVANKUTTY

JUDGEMENT

(1.) A preliminary objection has been taken in both these appeals as to their maintainability. The appeals have been filed to this court as if the court below has passed final decrees in partition suits and those are appealable. In A. S. 575 of 1969 the order of the court below is only one finding that the objections to the Commissioner's Report passed in final decree proceedings has not been substantiated and therefore the court sees no reason to remit the report to the commissioner. In A. S.385 of 1969 the court below discusses the various objections to the Commissioner's Report in final decree proceedings in a partition suit and ultimately holds that all the objections fail and the Commissioner's Report and plan are accepted.

(2.) There is no case that the court below has drawn up a decree pursuant to the orders nor is it the case of the appellants that the suit has been finally disposed of and there is nothing more to be done by the court. Yet they have come to this court by way of appeal and the justification is said to be the decision of this court in Mayimu alias Bibi v. Cheriya Maliyammal Mayimu & others ( 1968 KLJ 103 ).

(3.) A decree is defined in S.2(2) of the Code of Civil Procedure as: