S.K. LAKSHMINARASAPPA Vs. B.RUDRAIAH

JUDGEMENT

(1.) These two appeals arise out of judgment and decree dated 17.02.1998 passed in O.S.No. 1031 1/1983 by the II Addl. City Civil Judge. Bangalore, dismissing the suit as not maintainable and also on the ground that it is barred by Order 9 Rule 9 CPC. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(2.) Before setting out the case of each party, it is necessary to set out the events which transpired from the date of institution of the suit till the date of commencement of trial, in order to properly appreciate the controversy between the parties.

(3.) The plaintiffs initially filed a suit in O.S.No. 10311 /83 for the relief of permanent injunction restraining the defendants-1 to II or anybody claiming under them from putting up any construction or continuing the same in any portion of the land described in the schedule attached to the plaint and for mandatory injunction directing the defendants to pull down the constructions erected on the lands mentioned in the schedule and in the event of their failure to do so direct demolition of the same through Court at the cost of the defendants. The subject matter of the suit as on the date of institution of suit, was only Sy.No. 62 and Sy.No. 55 of Saneguruvanahalli village. Subsequently, by way of an amendment some more items of properties came to be included to the schedule to the plaint and a prayer of partition was included. By an order dated 15.11.1990 passed on I.A. 16, the suit came to be converted into a suit for partition and separate possession. Thus, in all the suit consists of six items of properties. Similarly, from time to time, several applications were filed for impleading those persons who have purchased the suit properties in bits, which were allowed. Though initially, there were 11 defendants, in the end, the total number of defendants became 27. Additional issues have been framed twice. It is in this background, we have to appreciate the pleadings in the ease.