ORAL ORDER

Respondent Nos.2, 3, 4 and 5 in FDP No.5/2021 on the file of the Principal Civil Judge and JMFC, Gundlupet, have filed this petition challenging an Order dated 09.09.2022, by which, the Final Decree Court modified the shares in view of the Judgment of the Apex Court in the case of VINEETA SHARMA vs. RAKESH SHARMA AND OTHERS reported in AIR 2020 SC 3717.

2. A suit for partition and separate possession filed in O.S.No.259/2012 was decreed and it was held that plaintiff was entitled to 1/3rd share. The same was challenged in R.A.No.45/2018. The appeal was allowed in part in view of the Judgment of this Court in the case of PRAKASH vs. PULAVATHI reported in (2016)2 SCC 36 and it was held that plaintiff was entitled to 1/9th share. The plaintiff filed FDP No.5/2021 for 1/9th share in the suit property as per the preliminary decree of partition passed in R.A.No.5/21. The plaintiff filed and application under Sections 152 and 153 of CPC to modify the preliminary decree in view of the judgment of the Apex court in VINEETA SHARMA case supra. The Final Decree Court, in terms of the impugned order, allowed the application filed under Section 152 of CPC. Being aggrieved by the same,