SANKARAN Vs. GIRIJA

JUDGEMENT

(1.) Both the civil revision petitions have been filed challenging the final decree in respect of 'C' schedule property in OS.No.1 of 1989 on the file of the Subordinate Judge's Court at Dharmapuri.

(2.) The petitioners in both the civil revision petitions are the legal heirs of the deceased plaintiff and the deceased first defendant. The suit was filed for partition in respect of the suit properties. In the said suit, preliminary decree was passed and on the strength of the preliminary decree, one of the legal heirs of the deceased first defendant filed application in IA.No.442 of 2010 for passing final decree in respect of 'C' schedule property alone and the same was allowed. Aggrieved by the same, the present civil revision petitions have been filed.

(3.) The learned Senior Counsel appearing for the petitioner in CRP.No.3211 of 2018 submitted that final decree cannot be passed for 'C' schedule property alone. Any number of preliminary decree can be passed and insofar as final decree, only one final decree can be passed, that too for all the properties. The final decree cannot be passed for some of the schedule mentioned properties alone.