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[a] The impugned order dated 12.11.2013 passed in FDP No.181/2011 by the learned XVIII Addl.City Civil Judge, Bengaluru is set aside. The Final Decree Proceedings in FDP No. 181/2011 is restored to the board of the Final Decree Court for readjudication. [b] The parties shall appear before the Final Decree Court without further notice on 05.02.2021. The Final Decree Court shall dispose of the proceedings expeditiously in accordance with law within an outer limit of six months from the date of first appearance. [c] The parties as aforesaid shall pay a sum of Rs.25,000/- per mensem to the mother Sri Vinoda Sathish starting from 1st December 2020 (payable on or before 25.01.2021) as maintenance and continue to pay the aforesaid sum until the disposal of the Final Decree Proceedings. They shall also be responsible for meeting the medical expenses, if any and in the event of failure by any, there shall be a charge on the share that they could assert."

(Emphasis supplied) The coordinate bench holds that in terms of Section 2 of the Act, when the scheduled property cannot be divided by metes and bounds, the concerned Court shall direct to sell on an auction, upon the consent of the parties. It also observed that the mother and daughters acceded to sell the property but the son - petitioner herein, is otherwise. The petitioner herein has shown interest that the scheduled property can be divided equitably by metes and bounds. Therefore, the FDP.No.181/2011 stood restored.

13. The concerned Court after restoration of FDP.No.181/2011, by the impugned order dated 14.11.2024, passed the following order:

"ORDER ON REPORT OF THE COURT COMMISSIONER This court initially passed order dated 12.11.2013 by accepting report of the Court Commissioner. The said order was challenged before Hon'ble High Court of Karnataka in R.F.A No. 1988/2013 and R.F.A.No. 70/2014. The Hon'ble High Court of Karnataka by order dated 11.01.2021 allowed both files and order passed by this court was set aside with direction to dispose of the proceedings expeditiously. The Hon'ble High Court of Karnataka in said R.F.As in Para No.9 held as under.