( 1 ) ONE late R. Satya Bai, wife of Rachakonda Ramgopal Rao, filed O. S. No. 4 of 1975 in the Court of the District Judge, Adilabad. The suit was filed for partition and separate possession against 13defendants. During the pendency of the suit, there was a compromise between the plaintiffs and the defendants and a preliminary decree for partition in terms of compromise came to be passed on 13-7-1978 and the property as described in Schedule- I was allotted in the shares of the plaintiffs. Three items were kept jointly. Thereafter, the original plaintiff no. 1 i. e. , (late) Satya Bai died. Her legal representative filed LA. No. 1268/91 for appointment of Court Commissioner for dividing the property by metes and bounds and putting the second plaintiff in possession of her share.

( 2 ) ON presentation of the application for final decree, notice was issued to all the defendants. The claim of the second plaintiff was resisted by the 1st defendant alone. The first defendant-1st respondent herein filed counter and stated mat after passing of the final decree, the decree was modified by oral agreement. It was further contended by him that the decree was modified by oral ag