A. THIAGARAJAN Vs. G. RAJAGOPAL

JUDGEMENT

(1.) The unsuccessful petitioner in an application filed U/s. 47 and Or.21 R.97 of C.P.C, in execution proceedings arising out of a partition decree, is the appellant before me. Despite service of notice on the respondent, there is no appearance on the side of the respondent.

(2.) The brief facts that are necessary for deciding the above Second Appeal are as hereunder:

(3.) However, in view of the admission of P.W.1 in his cross examination, that he did not have any objection in allotting his proportionate share in the remaining property, since some item has already been sold, the Trial Court held that the equities can be worked out at the time of passing of the final decree and the purchaser's interest can be suitably protected.