K. HANUMANTHARAYAPPA, S/O LATE KARIYAPPA Vs. PUTTAMMA @ LAKSHMAMMA, W/O LATE HEMANNA, JAGANNATH, S/O LATE HEMANNA AND UMESH, S/O LATE HEMANNA

JUDGEMENT

(1.) THE Appellant was the Plaintiff before the trial court in a suit for bare injunction. The suit was contested and it was denied that all the members of the family were parties to the partition deed or that all the family properties were included in the said partition deed. The suit however was decreed in favour of the Plaintiff and the same having been challenged in appeal, the lower appellate court has reversed the judgment and decree and set aside the judgment of the trial court in dismissing the suit. The present appeal is filed seeking to question the same.

(2.) THE glaring circumstance that the Plaintiff was claiming under an unregistered partition deed ought to have pursuaded the trial court to reject the plaint as the Plaintiff could not establish his case on the basis of an unregistered partition deed. In that view of the matter, there is no substantial question of law that arises for consideration.