LAXMAVVA Vs. DUNDAPPA

JUDGEMENT

(1.) Being aggrieved by the order dated 28.02.2015 passed by the first appellate Court in R.A.No.48/2009 whereby the first appellate Court remanded the matter back to the trial Court for fresh consideration on the merits of the case after hearing of the parties, the plaintiff has preferred the subject Miscellaneous Second Appeal.

(2.) Brief facts leading to the filing of the appeal are that, the plaintiff filed a suit for declaration and injunction against the defendants on the ground that defendants had created a document in collusion with the purchaser on the ground that defendants had sold the property to the present purchaser and had given a varadi to the revenue authorities for effecting revenue entries in the name of the purchaser. On the strength of the said revenue entries, the purchaser started to interfere with the peaceful possession of the plaintiff.

(3.) Upon issuance of notice, defendants appeared and contested the matter and denied the fact of any fraud being played and highlighted the fact that, sale by the defendants, to the purchaser is made on 16.06.1996 but the Will set up by the plaintiff is on 17.07.1997 long after the sale of the property in favour of the purchaser. Though the sale had been effected long before the execution of the Will by the plaintiff, the purchaser was not made a party in the proceedings. It is claimed that the plaintiff deliberately did not make the purchaser a party before the trial Court. The trial Court decreed the suit by passing the following order: