J U D G M E N T

This appeal is against the dismissal of a claim petition under Order 21 Rule 99 read with Rule 101 of the Code of Civil Procedure, 1908 (for short ‘CPC’).

2. The brief facts necessary for the disposal of the appeal are as follows:-

The claim petitioner is the wife of the 3^rd defendant in a suit for partition. By judgment and decree dated 31.07.1995 in O.S No.55/1993, possessory right held by late Sankaran, the predecessor in interest of the plaintiffs and the defendants was sought to be partitioned. Going by the preliminary decree, the plaint schedule property was ordered to be partitioned and the plaintiffs were entitled to get 1/8 share each in the property of the defendants. The preliminary decree was challenged by the defendants in A.S No.39/2000, which was dismissed and later they came before this Court in S.A No.455/2002, which was also dismissed. An attempt was made to challenge the concurrent findings rendered against them