JUDGMENT :

1. This matter is listed for admission. Heard the learned counsel for the appellant and also the learned counsel for the respondents and reserved for orders.

2. The factual matrix of case is that the respondent Nos.1 to 5 who are the legal representatives of one Sri.B.S.Nagaraj have filed FDP No.82/2013 before the Trial Court under Order 20 Rule 18 R/w Section 151 of CPC contending that they have instituted the suit against the respondents in O.S.No.93/2001 for the relief of partition and separate possession of his 1/3rd share in respect of the suit schedule properties and also for permanent injunction. The said suit came to be decreed in favour of the petitioner/plaintiff on 16.03.2007 entitling the plaintiff for 1/3rd share in the suit ‘A’ and ‘B’ schedule properties by metes and bounds. It was further ordered and decreed that the defendant Nos. 5 to 9 together were entitled for 1/3rd share in the suit ‘A’ and ‘B’ properties. It was further ordered that the sale deed executed by Gurudatt in favour of the defendant No.10 who is the appellant herein in this appeal is not binding upon the plaintiff and the defendant Nos.5 to 9. The prayer of defendant Nos.2 and 3 was dism