COMMON JUDGMENT

The second defendant in O.S.No.23 of 1994, has instituted this appeal challenging the order passed in the final decree application in I.A. No. 25 of 1999, by way of the impugned judgment dated 27.06.2005.

2.The appellant and the first and second respondents are sisters.

Their father, Subbaiah Naicker, owned several properties mentioned in the suit schedule. His wife predeceased him in the year 1982, and he died intestate on 17.03.1985. After the demise of Subbaiah Nayakar, the second respondent/plaintiff filed a suit in O.S. No. 23 of 1994, seeking partition of the ‘A’ and ‘B’ Schedule properties. The ‘A’ Schedule consisted two items, and the ‘B’ Schedule consisted four items of properties. After contest, a preliminary decree was passed by the trial court on 08.08.1995, declaring the second respondent’s entitlement to “the first item of the ‘A’ Schedule property” and the “entire property in the ‘B’ Schedule properties”. Aggrieved by the said decree, the present appellant preferred an appeal before this Court in A.S.No.391 of 1996, which was subsequently dismissed.

3.Thereafter, the first respondent/first defendant filed a final decree application in I.A.No.25 of 1999, i