G MUNIRATHNAM NAIDU Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) The Civil Revision Petition is filed by the plaintiff in O.S.No.111 of 1967 on the file of the learned erstwhile Subordinate Judge. Tirupati. It came to be filed under certain extraordinary circumstances.

(2.) The Petitioner filed the suit for the relief of partition and separate possession against respondents 3 to 5 (for short 'the respondents'). A preliminary decree was passed on 17-10-1970, where under the petitioner was held to be entitled to 2/3rd share and the respondents, to 1/3rd share in the suit schedule properties. The respondents filed A.S.No.556 of 1970 before this Court assailing the preliminary decree. The appeal is said to have been partly allowed, sustaining the preliminary decree in all respects, but restricting it to certain items of the suit schedule property.

(3.) The petitioner filed I.A. No.14 of 1971 in the trial Court forthe final decree proceedings. It is stated that during the course of final decree proceedings, the well wishers of both the parties moved certain compromise proposals and that the petitioner agreed to restrict his share to 1/2 , from 2/3rd. Accordingly, I.A.No.179 of 1979 is stated to have been filed by both the parties for recording a compromise for distribution of the properties in two equal shares. The compromise is said to have been recorded on 20-03-1979.