ABDUL NAZEER, J, J.

( 1 ) THIS writ petition arises out of an interim order passed on i. A. No. 4 dated 8. 8. 2007 in FDP No. 5/2001 on the file of the Principal civil Judge (Jr. Dn. ). , Udupi.

( 2 ) K. Ramakrishna Rao-respondent herein had filed a suit in o. S. No. 17/1987 on the file of the Principal Munsiff at Karkala against his elder brother Narayana Shervegara and one K. Sheshappayya for partition and separate possession of the suit schedule properties. A preliminary decree was passed in the suit on 7. 1. 1992. An appeal filed against the said judgment and decree in R. A. No. 29/1992 on the file of the Additional Civil Judge (Sr. Dn. ). , Udupi, was also dismissed. Narayana Shervegara died in the meantime. K. Ramakrishna Rao filed FDP No. 5/2001 against the legal representatives of Narayana shervegara and K. Sheshappayya requesting the court below to pass a final decree for partition and delivery of his 1/3rd share in the plaint 'a' schedule properties in pursuance of the preliminary decree. The respondents in the FDP have filed their objections. The petitioners herein (respondent Nos. 2, 3 and 6 in FDP No. 5/2001) filed an application (I. A. No. 4) before the trial Court r

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