1.

This appeal is directed against the impugned order

dated 05.11.2022 passed in FDP No.70/2022 by the LXIX

Additional City Civil and Sessions Judge, Bengaluru (for short “the

Trial Court”), whereby the said petition filed by respondent No.1

under Order 20 Rule 18 r/w. 151 CPC was allowed by directing

drawing up of final decree by allotting ground floor of the suit

schedule property in favour of respondent No.1 and first floor in

favour of the appellant.

2.

Heard learned counsel for the appellant, learned

counsel for the respondents and perused the material on record.

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3.

The material on record discloses that respondent No.1

instituted a suit in O.S.No.3564/2020 against the respondents for

partition and separate possession of her share in the suit schedule

property. In the said suit, respondent Nos.1 and 2 herein were

arrayed as defendant Nos.1 and 2 and they are none other than

siblings of the appellant. The appellant and respondent Nos.1 and

2 had one more brother, Sri. Srinivas, who expired and respondent

Nos.3 and 4 are the wife and daughter of said Srinivas. In the said

suit filed by the appellant herein, respondent No.1-defendant No.2

not only contested the suit,