JUDGMENT

Sachin Shankar Magadum, J.

The captioned second appeal is filed by respondents 5 to 12 in the final decree proceedings, who are assailing the decree passed by the FDP Court in confirming the sale of suit schedule property in favour of respondent No.14 and consequently, issuing a sale certificate by collecting a proper stamp and thereby granting Rs.1,17,083/- to the plaintiff out of the sale consideration, in satisfaction of the preliminary decree drawn in O.S.No.353/1992.

2. The facts leading to the case are as under:

Respondent No.1 namely B.S. Jaivandas filed a suit for partition and separate possession in O.S.No.353/1992. The said suit was decreed by the Court granting 1/12th share to the plaintiff/first respondent by judgment and decree dated 27.1.1996. First respondent before this Court, who is no more, initiated final decree proceedings in FDP.No.16/2008. A Commissioner was appointed to report feasibility of partition in terms of the preliminary decree drawn by the Court. The Court commissioner on spot inspection submitted a report indicating that partition is not feasible. It is in this context, respondent No.14 filed an application and an auction was held within the fa