In this petition, the petitioners allege that subsequent to the disposal of Appeal Suit No. 563 of 1956, by this Court, the parties have compromised the matter and they pray for the passing of a revised preliminary decree in terms of the compromise arrived ,at by them.

The prior facts, which will be necessary for a disposal of this petition, can be briefly put down. Petitioners 1 and 2, Subramania Iyer and Venkataramana Iyer and the husband 6f the respondent Thangammal were brothers. The respondent’s husband died on 22nd July, 1952, without issue. On the allegation that one of the brothers Venkataramana Iyer was a congenitally deaf and dumb person, it was averred by Thangammal the plaintiff in the suit for partition out of which the appeal arose, that he would be disentitled to get any share. On this allegation the respondent Thangammal claimed partition and separate possession of one half-share. The suit was dismissed. She filed an appeal which came up before a Bench of this Court comprising of Balakrishna Ayyar and Jagadisan, JJ. (Appeal Suit No. 563 of 1956). This Court held that the second petitioner Venkataramana Iyer would be entitled to a share and decreed t