R. BAYAPU REDDY, J.

( 1 ) THIS revision is filed questioning the orders of the Principal District Munsif, cuddapah dated 12-3-1996 passed in E. A. 404/95 in E. P. 61/93 in O. S. No. 249/90 dismissing the said petition filed by the judgment-debtor No. 1, who is the present petitioner.

( 2 ) THE respondent herein had obtained a preliminary decree for partition and separate possession of his 2/3rd share in the suit house and after passing of the ex parte decree on 5-6-91, he filed a petition in LA. 905/92 for passing of final decree. In the said final decree proceedings, an Advocate Commissioner was appointed for effecting division of the suit house for which the respondent herein, who is the decreeholder, is entitled to 2/3rd share while the petitioner herein, who is the first defendant in the suit, is entitled for the remaining 1/3rd share. The Advocate Commissioner visited the suit house and effected partition of the house into three shares and allotted 2/3rd share to the respondent herein and the remaining 1/3rd share to the present petitioner and filed his report along with the plan into Court. The lower Court thereupon passed the final decree allotting 2/3rd share in the house to

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