SUGANDHI Vs. MUTHAYYA SHETTY

JUDGEMENT

(1.) Appellants are defendants 1 to 8 in O.S.No.17 of 1984 on the file of the Court of Subordinate Judge, Kasaragod. The suit is one for partition. A preliminary decree was passed allotting 27 out of 36 shares over the property to the plaintiffs, 8 out of 36 shares to the defendants 1 to 8 (appellants) and one out of 36 shares to the 9th defendant. Subsequently a final decree application, viz., F.D.I.A. No.198 of 1988, was filed by the plaintiffs. A commission was deputed to divide the properties into metes and bounds. After inspecting the property, the commissioner submitted a plan and report allotting the properties to various persons in accordance with their shares. The court below, considering the rival contentions, passed a final decree in terms of the commissioner's plan and report. That is under challenge in this appeal at the instance of the defendants 1 to 8.

(2.) Heard.

(3.) It is contended by the appellants that the court below failed to construe the evidence properly and therefore inequity has been perpetrated to the appellants. One of the objections raised in the appeal memorandum is relating to the formation of a road through the property.