The defendant No.1 was her daughter while defendant No.2 was her older son. The defendant No.1 supported the case of the plaintiffs. The defendant No.2 entered appearance through his counsel who later retired and no steps were taken for his appearance in the case. The suit was therefore, decreed ex parte and it was declared that the plaintiffs along with the defendants were entitled to an 1/4th share each in the suit property. Later, the defendant No.2 filed Misc. Petition No.777/2000 before the I Additional City Civil and Sessions Judge, Bangalore City, under Order IX Rule 13 of CPC to set aside the ex parte judgment and decree dated 12.07.2000 passed in O.S. No.6309/1999. The plaintiffs filed FDP No.125/2000 on 14.12.2000. On the application of the plaintiffs under Section 2 of the Partition Act, 1893, the Final Decree Court in terms of the order dated 20.04.2001, recorded a finding that the property was impartible and hence, appointed an Advocate Commissioner to conduct a sale of the suit property by public auction and distribute the proceeds to the Final Decree Court. Even in the final decree