B CHINNAKKAGARI BEESSAMMA Vs. CH THIMMAKKA

JUDGEMENT

(1.) This order shall also dispose of the CRP No3644/1989 because this revision also arises out of the common impugned order.

(2.) Facts first: Late Pullanna and late Bazari were brothers and late Sanjamma, the judgment debtor No.6 was their elder sister. The respondents are the legal representatives of the deceased Pullanna while the petitioners-judgment debtors are the legal heirs of the deceased Bazari. The respondents filed O-S. No.54/78 for partition and separate possession of the suit property, claiming half share in the same against the petitioners and the deceased Sanjamma, alleging that the other half share belongs to the heirs of the deceased Bazari, that is to say the petitioners. The trial Court on 10-11-1980 passed a preliminary decree in respect of the plaint schedule property, except Item No.5. The preliminary decree reads as under:

(3.) On the application of the respondents, the trial Court appointed a Commissioner for partitioning the plaint schedule property, except Item No.5 and passed finaldecreeon4-3-1982inJ.A.No.l47/1981inO.$.No54/1978.The final decree reads as under: