HONNIAH, J. ( 1 ) THIS appeal arises out of an order passed by the Civil Judge, Udipi on I. A. No. 1 in O. S. No. 2 of 1966. The plaintiffs had obtained a preliminary decree for partition and possession of their share in the suit schedule properties. They filed an application (I. A. No. I) for passing a final decree and determination of the income of the suit properties etc. as per the terms of the preliminary decree passed on 31-1-68. Pursuant to this application, a Commissioner was appointed by the Court below to divide the inimoveable properties by metes and bounds with reference to the respective shares of the parties. Accordingly, the Commissioner prepared 7 lists and submitted the lists along with his report to the Court. Some of the parties including the appellants, filed objections to the Commissioner's report and to the division of properties as contained in the said lists. The Court below without going into the merits of the case and without applying its mind to the question whether the properties had been divided in proportion to the shares of the parties with reference to their value, passed an order on 20-1-1969 as follows: "lots are cast in open court in the presence of the counsel for the parties, by Sri Y. C. S. Hegde, Advocate and the lots allotted or indicated to each of the party are as per list shown against each below: