M N VENKATESHAIAH Vs. G N KRISHNAPPA

JUDGEMENT

(1.) r.f.a. No. 197/1982 is preferred against the judgment and decree dated 19-4-1982 passed by the learned xi additional city civil judge, Bangalore in o.s. No. 436/1976 (old)/o.s. No. 1176/1980 (new). R.f.a. No. 198/1982 is preferred against the judgment and decree dated 19-4-1982 passed by the very same judge in o.s. No. 1266/1976 (old)/o.s. No. 2673/1980 (new).

(2.) o.s. No. 1266/1980 (old)/o.s. No. 2673/1980 (new) was first filed in thecourt of the munsiff, Bangalore city whereas o.s. No. 436/1976 (old)/o.s. No. 1176 of 1980 (new) was filed in the court of the civil judge, Bangalore city. Both the suits will be, hereinafter, referred to with the new numbers.

(3.) the suit o.s. No. 1176/1980 was filed by the appellant in r.f.a. No. 197/1982 for partition and separate possession of his share in the suit properties against the respondents who were the defendants in the said suit whereas 2673/1980 was filed by the defendants in o.s. No. 1176/1980 against the plaintiff therein for a declaration of title and possession of a portion of item No. 3 of the property described in the schedule to o.s. No. 1176/1980. As o.s. No. 2673/1980 related to one of the items of suit properties concerned in o.s. No. 1176/1980 and it depended upon the decision in o.s. No. 1176/1980, it came to be transferred to the civil judges court and clubbed with o.s. No. 1176/1980. When both the suits were pending the Bangalore city civil courts act came into force. As a result thereof both the suits came to be statutorily transferred to the city civil court and they came to be numbered as o.s. No. 1176/1980 and o.s. No. 2673/1980 respectively.