RAHMAT BEE Vs. MAQBOOL BANU

JUDGEMENT

(1.) 3. This Civil Revision Petition is filed against the order of the learned Subordinate Judge, Adorn, Kurnool District in 1 A. No. 328 of 1983 in O.S.No. 8 of 1961.

(2.) The suit was filed by the sole plaintiff for partition of theplaint schedule properties and for separate possession of her 1/3 share. The trial Court decreed the suit after overruling the objections of the defendants and passed a preliminary decree. The defendants carried the matter in appeal. By Judgment dated 26-9-1967 the Appellate Court modified the decree and declared the shares of the plaintiffs as well as the defendants. The plaintiff was held to be entitled to 64/384th share. Similarly, the share of each of the defendants was specified. The present petitioner who is the 10th defendant in the suit was given 4/384th share in 'B' schedule business and in the properties of the 'C' and 'F' schedules other than the properties of 'C in Ex. B. 25 and Ex B, 26 of 'F' schedule The 10th defendant thereafter filed I.A. No. 328 of 1983 for appointing a Commissioner to divide the properties and allot his share as per the decree.

(3.) The petition was resisted by the Legal Representatives of Defendant No. 1that such a petition is not maintainable in as much as there was no direction in the preliminary decree about the allotment and separate possession of the defendants.