AZIZABI Vs. FATIMA BI

JUDGEMENT

(1.) The short question that falls for consideration in this Civil Miscellaneous Appeal directed against the order in I.A. No. 2245/72 in O.S. No. 21/67 on the file of the Subordinate Judge, Tenali is:

(2.) The plaintiff filed LA. 2117/71- for appointment of a Commissioner to divide the properties in accordance with the directions in the preliminary decree and for passing a final decree. After the submission of the Commissioner's report, the plaintiff filed LA. 2176/72 for passing a final decree as per that report. A final decree was accordingly made on 7-10-1972. The plaintiff thereafter filed LA. 2245/72 on 3-11-1972 for appointment of a Commissioner to ascertain profits.

(3.) The defendants opposed this petition inter-alia on the ground that once a final decree for partition is passed and properties are allotted to the decree-holders, no petition for ascertainment of properties lies thereafter and is maintainable. That objection was upheld by the lower court and the application was dismissed as not maintainable. This appeal is directed against that order. From the above narration of the admitted facts, it is clear that:-