( 1 ) THE appellants have preferred this regular first appeal against the order dated 18. 4. 1995 passed in FDP. No. 3/63 on the file of the Civil Judge, Davangere, dismissing the said application for drawing up of a final decree as not maintainable

( 2 ) THE first appellant P. B. Kotturbasappa and his brothers filed a suit for partition and separate possession of their respective shares in the suit schedule property. After contest, the suit came to be decreed on 16. 2. 1972, holding that the plaintiffs 1, 8 (a) to (h) and 9 are entitled for partition and separate possession of their four annas share in the plaint schedule property and also four annas share in the profits of the joint business from the year 1929 to date of suit and the defendants are also directed to render accounts. Aggrieved by the said judgment and decree, the 11th defendant, K. B. Rudrappa preferred a regular first appeal No. 73/72, challenging the correctness of the said preliminary decree. Similarly, P. B. Kotturbasappa and others also preferred regular first appeal No. 83/72 challenging that portion of the judgment and decree which was against them. These two regular first appeals were disposed of