JUDGMENT

Chelameswar, J.

Leave granted.

2. This appeal arises out of S.L.P. (Civil) No.30087 of 2009. The said S.L.P., was filed aggrieved by the Judgment dated 14-07-2009 in W.P.No.61948 of 2009, of the High Court of Karnataka, Circuit Bench at Dharwad, by the respondent therein.

3. The facts are as follows:

The 1st respondent herein filed O.S.No.87 of 2002 on the file of the Civil Judge, Senior Division at Hospet, for partition of the suit scheduled property and to deliver half of the said property and also for mesne profits, etc. The 1st respondent is the brother’s daughter of the appellant herein. The case of the 1st respondent is that the entire suit scheduled property is the ancestral property of the coparcenery consisting of, the father of the 1st respondent and the appellant herein. By Judgment dated 18-11-2005, the Trial Court decreed the suit in part.

4. Consequent upon the abovementioned decree, the 1st respondent herein filed an application (F.D.P.No.8 of 2006) on 03-03-2006 for drawing up the final decree. Subsequently, on 29-11-2006, the 1st respondent filed an application (I.A.No.4 of 2006) for amendment of the abovementioned application.

5. The appellant herein cont