G KRISHNAMOORTHY Vs. SUKUMAR

JUDGEMENT

(1.) THE appeal arises out of the final decree passed in Application No.1502 of 1994 in C.S.62 of 1982. THE appellant, third party to the proceeding, has filed this appeal. THE respondents 1 to 3 filed the suit for partition, claiming 3/8th share in the properties against the respondents 4 and 5. A preliminary decree was passed on 19.10.1990. Pending the suit the fourth respondent died. Consequently the respondents 1 to 3 are entitled for half share and the fifth respondent for the remaining half share in the suit properties.

(2.) THE respondents 1 to 3 filed Application 1502 of 1994 for passing the final decree. Three Advocate-Commissioners were appointed at different point of time. 19.9.2000 was accepted and the learned Judge passed the final decree, allotting item Nos.1a, 3, 4, 6 and 8 of the plaint schedule property to the share of the respondents 1 to 3. By way of owelty to equalise the value of the share, the fifth respondent was directed to pay a sum of Rs.1,64,370/- to the respondents 1 to 3. Consequently Item Nos.1b, 2, 5 and 7 were allotted to the fifth respondent.

(3.) NOW by virtue of the allotment made by the learned Judge, Item No.6 having been allotted to the share of the respondents 1 to 3/plaintiffs in the suit, the appellant has filed this appeal by way of one more round of litigation.