JUDGMENT

1. The Respondent/Defendant has filed this appeal challenging the order passing Final Decree, which is confirmed by the First Appellate Court.

2. As per the Preliminary Decree, plaint A and B schedule properties are directed to be divided into two equal shares by metes and bounds and the plaintiff and the defendant are entitled to one share each.

3. The plaintiff filed a Final Decree Application as FDIA No.966/2018. The Advocate Commissioner filed his report dated 13.11.2019, which is marked as Ext.C1 series. As per Ext.C1 series, the Plots A & C having an extent of 2.64 cents and 2.72 cents respectively were allotted to the defendant and plots B and D having an extent of 2.64 cents and 2.272 cents respectively were allotted to the plaintiff.

4. Though the defendant filed an Objection to the commission report, no evidence was adduced in support of the same.

5. The learned counsel for the appellant submits that though a petition was filed by the defendant for remitting the commission report, the same was dismissed and the defendant did not challenge the same.

6. I heard the learned counsel for the appellant.

7. The learned counsel for the appellant submits that the appellant/defen