V. G. SABHAHIT, J.

( 1 ) THIS appeal by the petitioner in F. D. P. No. 10010 of 1992 on the file of the x Additional City Civil Judge, Mayo Hall, Bangalore, is directed against the order dated 12-12-1997 wherein the Trial Court has directed the commissioner to divide the suit schedule property equally in terms of the preliminary decree and to handover respective share to the plaintiff and the defendants.

( 2 ) THE essential facts of the case leading upto this appeal with reference to the rank of the parties before the Trial Court are as follows: the plaintiffs filed O. S. No. 10654 of 1982 seeking for a decree for partition and separate possession of plaintiffs one-half share in the schedule property and for permanent injunction against the defendants, their agents restraining them from interfering with the possession of the first plaintiff in respect of the constructed portion of the schedule property and for costs.

( 3 ) THE suit was resisted by the defendants and by judgment dated 29-6-1992 the suit of the plaintiff was decreed declaring that the plaintiffs are entitled to one-half share in the suit schedule property. The plaintiffs are not entitled to injunction as prayed for i

Click Here to Read the rest of this document