The appellants are very much parties to the earlier suit for partition in O.S. No. 629/1992. The present suit for declaration of title and consequential reliefs were filed almost seven years after the final decree in O.S. No. 629/1992. The courts below were perfectly justified in holding that the present suits in O.S. Nos. 292/2007 and 293/2007 are barred by res judicata. There is also no prayer to set aside the decree in O.S. No. 629/1992 on the ground of fraud even in the application for amendment filed pending appeal.
2. The appellants have a contention that they are entitled to equity being assignees from the allottes under the decree in O.S. No. 629/1992. It is trite law that every endeavour should be made to pass final decree in terms of the preliminary decree for partition. The appellants are at liberty to apply for review of the final decree of partition in O.S. No. 629/1992 if the 2 R.S.A. Nos. 941 & 942/2014 same is legally permissible. I do not however find any question of law much less any substantial question of law in these Regular Second Appeals.
The The Regular Second Appeals are dismissed.
ncd V. CHITAMBARESH JUDGE