JUDGMENT :

Heard learned counsel appearing for the parties.

2. Appeal is directed against the Judgment and order dated 27.08.2014 passed in FDP No.3/1982 by the learned Principal Senior Civil Judge, Mysuru, arising from the Judgment and decree passed in O.S.No.73/69 wherein suit filed for partition and separate possession of schedule properties and delivery of 3/11th share to plaintiffs came to be decreed in part. Preliminary decree in O.S.No.73/69 is as under :

“The 1st plaintiff to be entitled to 1/11th share, plaintiffs 2 to 4 together to be entitled to 2/11th share, defendants 1 to 3 to be together entitled to 2/11th share, defendants 4(a) and 5 to 8 to be together entitled to 2/11th share, defendants 9 to 17 to be entitled to 2/11th share and defendants 19 to 26 to be together entitled to 2/11th share in suit item No.1 and 2 subject to the rights of defendants 27 to 29 under the decrees obtained by them in O.S.No.53/67 and 123/1969 in respect of suit item 1 out of the shares of defendants 1 to 3 and 19 to 26, directing partition and possession of plaintiffs share in Item No.2 to be effected by the Deputy Commissioner or his Gazetted Sub-ordinate in accordance with Section 54 of C