JUDGMENT

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 1/9th share jointly to defendant Nos.6(a) to 6(e) and 1/9th share each to defendant Nos.7 and 8. The said fresh preliminary decree drawn by the FDP Court is confirmed by the 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