ORAL ORDER

(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)

1. The present petitioner, who was defendant No.11 in a O.S.No.131/1992, is aggrieved by the order passed by the FDP Court, declining to re-determine the share in terms of amended Section 6 of the Hindu Succession Act, 2005 and grant equal share to his late wife i.e., defendant No.5.

2. The learned Judge, by the order impugned, has rejected the application filed by the petitioner on the premise that the preliminary decree passed in O.S. No.131/1992 stood modified by this Court in RFA No.372/2000 c/w RFA No.424/2000, wherein the present petitioner was allotted 1/30th share in the suit schedule properties. The learned Judge has further held that the said judgment and preliminary decree having attained finality, the Final Decree Court cannot undertake any exercise to alter or modify the shares already determined by the Appellate Court.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. Perused the material placed on record as well as the order impugned.

4. In the light of the rival submissions and having regard to the undisputed fact that the preliminary decree, a