H. N. NAGAMOHAN DAS, J.

( 1 ) IN this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 22. 02. 2007 in FDP No. 15/2002 passed by the II Additional Civil Judge (Junior Division), karkala, in so far as it relates to rejection of LA. No. II filed by the petitioner under Section 3 of the Partition Act.

( 2 ) FIRST respondent filed O. S. No. 168/2001 against the petitioner, second respondent and others for partition and separate possession of his 1/10* share. In O. S. No. 168/2001, the defendant nos. 1, 3 to 5 and 7 to 9 relinquished their rights in the schedule property in favour of the petitioner under a registered relinquishment deed dated 10. 01. 2002. Subsequently a joint memo was filed in O. S. No. 168/2001. In terms of the joint memo the trial Court passed a preliminary decree declaring that the first and second respondents are entitled for 1/10th share each and petitioner is entitled for 8/10th share. Subsequently first respondent filed F. D. P. No. 15/2002 before the trial Court to draw the final decree. In this F. D. P. No. 15/2002 the trial Court appointed a Court Commissioner to find out the feasibility of division of

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