JUDGMENT

This appeal is filed challenging the order passed in E.A.No.01 of

2021 in E.P.No.410 of 2020 in O.S.No.137 of 2009 on the file of the learned First Additional District Judge (PCR), Trichy.

2. The petitioners 1 and 2 herein and one Josephine Mary as plaintiffs filed the suit in O.S.No.137 of 2009 seeking the relief of partition of 9/12th shares and for separate possession. That suit was decreed and a preliminary decree for partition of 9/12th shares in favour of the plaintiffs, was passed on 07.09.2012. Against the said Judgment, the defendants filed an appeal in A.S.No.164 of 2014. The appellate Court while confirming 9/12th shares allotted to the plaintiffs, modified the share of the second defendant from 1/12th share to 3/12th share. No second appeal was filed against the Judgment and decree of the first appellate Court in A.S.No.164 of 2014 and the said Judgment and decree became final.

3. Thereafter, the plaintiffs filed a final decree petition in I.A.No.

465 of 2013. After elaborate enquiry, final decree was passed allotting the shares to the parties on 12.06.2020. The plaintiffs filed E.P.No. 410 of 2010 for delivering the shares. When the Senior Bailiff made attempts to