The captioned second appeal is filed by plaintiffs who

are

petitioners

in

final

decree

proceedings

bearing

FDP.No.32/2005 assailing the concurrent decrees passed by

the Courts below in entertaining applications filed by

defendant Nos.6(a) to 6(e) and defendant Nos.7 and 8 in

seeking modification of preliminary decree passed in

O.S.No.96/1995 and the FDP Court having entertained

these applications has come to conclusion that inspite of

preliminary decree passed in O.S.No.96/1995, the present

defendant Nos. 6(a) to 6(e) who are the legal heirs of one

of the predeceased daughter and defendant Nos.7 and 8, in

view of amendment to Section 6 of Hindu Succession Act,

are entitled for equal share and consequently, a fresh

preliminary decree is drawn by FDP Court granting 1/9^th

share jointly to defendant Nos.6(a) to 6(e) and 1/9^th share

each to defendant Nos.7 and 8. The said fresh preliminary

decree drawn by the FDP Court is confirmed by the

8

Appellate Court in R.A.No.1295/2009. These concurrent

judgments and decrees are under challenge by the

plaintiffs/petitioners in FDP.No.32/2005.

2.

The present appellants instituted a suit for

partition and separate possession in O.S.No.96/1995. T