B. K. SOMASEKHARA, J.

( 1 ) THE order of the learned Sub-Judge, Madanappalle (Sri R. Bayapu Reddy) in I. A. No. 417/1974 in O. S. No. 35 of 1969 dated 16-7-1981 is the subject-matter of this appeal. The author of it is the unsuccessful transferee of the decree from the decree-holder Smt. Atava Akkulamma in the suit. The respondents are the judgment-debtors under the decree. The convenience warrants the reference to the parties as the transferee (appellant), decree-holder (plaintiff in the suit O. S. 35/69) and the defendants (Respondents ). A preliminary decree dated 15-11-73. was passed in O. S. No. 35/69 in favour of Smt. Atava Akkulamma for partition and for possession of l/4th share in the plaint schedule properties except the one covered by the sale deed in favour of defendant No. 2 Kannemadugu Venkataswamy with a direction to defendant No. 1 to account to the plaintiff in regard to the income from the suit schedule properties from the year 1957 till the plaintiff was put in possession of her 1/4th share, for costs etc. He filed a petition under O. 20, R. 18 of C. P. C. for a final decree. A Commissioner was appointed to effect the division of the share and he filed separate re

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