JUDGMENT

Bhavadasan, J, The appeal is directed against the final decree in O.S.

No. 67 of 1969 dated 23.1.2007. The first respondent before the court below is the appellant. The parties and facts are hereinafter referred to as they were available before the court below.

2. The suit was one for partition. A preliminary decree was passed on 17.1.1972. Thereafter petitioner filed I.A. 4095 of 1983 for the passing of the final decree. In that petition the trial court issued a commission to effect the partition of the plaint schedule property by metes and bounds. The commissioner filed a report. However that petition was dismissed for default. Thereafter I.A. 7096 of 1994 was filed for the passing of a final decree. That application was disposed of on 30.1.1996. The first respondent in that application, who is the appellant herein, took up the matter in appeal as A.S.611 of 1996 before this court. The appeal was allowed and the matter was remanded to the trial court R.F.A. 32/2008. 2 to be reconsidered. Thereafter Commissioner was appointed to have the property divided by metes and bounds and to submit a plan. Exts.C1 and C1(a) are the Commission report and plan. Accepting the commission r