( 1 ) THE petitioner is the second defendant. The suit was laid for partition of the matruka property i. e. house bearing No. 3-5-855, situated at Hyderguda, Hyderabad. A preliminary decree was passed and a Commissioner was appointed to effect partition by metes and bounds and the enquiry is in progress. At that stage, the petitioner filed an application to include in the schedule the house bearing No. 3-5-855 situated at Hyderguda and also the appurtenant land of 12,000 Sq. Yards. According to the petitioner, the property belongs to his mother Sogra Begum, and she died intestate. Therefore, it formed part of the matruka property. Though he raised the same contention in the written statement, it was not decided. Since it is matruka property it is liable to be included as one of the items in the schedule and is liable to be partitioned. In the first instance, he made an application for amendment of the schedule under Order IV, Rule 17, CPC. That application was dismissed and when revision was filed this Court while dismissing the revision, held that the procedure followed is not as per law. It was indicated that it is open to the petitioner to follow appropriate proc