JUDGMENT:

Challenging the order dated 07.09.2007 passed in I.A.No.297 of 2003 in O.S.No.24 of 1986 by the learned Senior Civil Judge, Bhongir, the present Appeal Suit is filed.

2. The brief facts of the case are that O.S.No.24 of 1986 filed by the plaintiff claiming partition of his joint family ancestral properties listed under Schedule “A” (landed) and Schedule “B” (residential houses). The plaintiff, through his father Annanthaiah, sought a legitimate share in the properties. After contest, the trial court dismissed the suit on 24.04.1991, rejecting the claim, but the plaintiff appealed to this Court in A.S.No.1730 of 1991, which, upon detailed adjudication, reversed the decision of the trial Court and passed a preliminary decree on 05.03.2003. The decree duly recognized that Annanthaiah was entitled to a fifty percent share, while defendant Nos.1 and 2 each had a one-fourth share in the properties, and it directed that the properties be partitioned accordingly.

3. Pursuant to this, the plaintiff filed I.A.No.297 of 2003 under Order XXVI Rule 13 and Section 151 CPC, seeking a final decree through actual division by metes and bounds, with appointment of a Commissioner for this pur