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1967 Supreme(Ker) 210

T.S.KRISHNAMOORTHY IYER
NAYIMU ALIAS BAMBATHI BIBI – Appellant
Versus
CHERIA MALIYAMMAL MAYIMU – Respondent


Judgment :-

1. A preliminary objection was raised by the respondents' counsel that the order is appealable and hence the revision will not lie. To appreciate the contention of the respondents' counsel it is necessary to state the circumstances leading to the passing of the order, which is the subject matter of revision. A preliminary decree for partition had been passed and final decree proceedings are pending. The commissioner has filed the report dividing the properties by metes and bounds. Applications were filed by some of the parties for remitting the report to the commissioner for making some alterations. On hearing those applications the learned judge directed that since it is not convenient to divide item 1 by metes and bounds among the sharers it has to be sold in public auction and necessary directions were given to the commissioner to sell the same. The contention on behalf of the respondents was that this direction regarding the sale of item 1 is a final adjudication of the rights of the parties in regard to the mode of division of item 1 and will therefore amount to a decree and hence appealable. In support of his contention the decisions in Vissanna v. Viswabrahmam AI











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