H. N. NAGAMOHAN DAS, J.

( 1 ) IN this appeal the appellants have called in question the order dated 1-4-2006 in FDP No. 10007/ 1994 passed by the Addl. City Civil Judge, mayohall, Bangalore City.

( 2 ) THE subject-matter of the litigation is property bearing No. 155/b situated in the compound of premises No. 1 Wheeler Road, civil Station, Bangalore measuring in all 5600 sq. ft. (for short 'the schedule property' ). The appellants and respondents are relatives except respondent No. 23. The family tree is as under :

( 3 ) THE appellants in this appeal are the children of defendant No. 5 and respondents are the plaintiffs and other defendants before the trial Court and respondent No. 23 is the auction purchaser. In this judgment the parties are referred to their status before the trial court.

( 4 ) PLAINTIFFS filed O. S. No. 245/1980 later numbered as O. S. No. 8471/1980

against the defendants for partition and separate possession of their 3/8th share in the schedule property. The trial Court decreed O. S. No. 8471/ 80 vide judgment dated 31-7-1993 declaring that the plaintiffs together are entitled for 3/7th share in the entire schedule property. The defendants being aggrieved by t

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