JUDGMENT :

B.R. GAVAI, J.

1. This appeal challenges the judgment and order dated 17th March 2009, passed by the High Court of Karnataka at Bangalore in Regular Second Appeal No. 160 of 1995, thereby allowing the appeal filed by the respondents herein.

2. The facts in brief giving rise to filing of the present appeal are as under:

A suit for partition being O.S. No. 388/77 came to be filed by plaintiff Nos. 1 to 8, who are respondent Nos. 1 to 8 herein before the Prl. Munshiff at Kolar (hereinafter referred to as the “trial court”), for partition and separate possession of the suit properties. Vide judgment and decree dated 11th September 1987, the said suit came to be decreed, in part, declaring that plaintiff No. 2 was entitled to 7/24th share and plaintiff No.3 was entitled to 1/8th share in the suit schedule properties. It was further held that the plaintiffs were not entitled to any share in suit Item Nos. 7 to 9 and 22. Vide the said judgment and decree, the appellant herein-defendant No.1 was directed to render accounts in respect of the receipt and expenditure of the money