N. Kumar, J.

1. This writ petition is filed by the 2nd defendant challenging the order passed by the trial court allowing I.A. under Order VI Rule 17 of the Code for including an immovable property in the Final Decree Proceedings though it was not the subject matter of the suit.

2. The plaintiffs suit for partition and separate possession of his legitimate share came to be decreed after contest. In the Regular Appeal by the 1st defendant, the decree was partly modified and the same attained finality. Thereafter, the plaintiff initiated Final Decree Proceedings.

3. The 1st defendant filed I.A. U/o VI Rule 17 of the Code for including 3 acre 28 gunta in Sy. No. 51 of Talale village, Humcha Hobli, Hosanagara Taluk claiming that it was granted by the Land Reforms Tribunal in favour of the 2nd defendant on behalf of the joint family and that it is also a Joint Family Property. Due to old age and illiteracy, he could not include the said property in the plaint schedule.

4. The said application was opposed by the 2nd defendant. The plaintiff however, did not choose to file objections. After considering the rival contentions of the parties, trial Court allowed the application on the gro