DATTATRAYA Vs. SADASHIV

JUDGEMENT

(1.) SECOND appeal by the plaintiff in OS No 137 of 1992, on the file of Civil Judge (Jr Dn), Belgaum, who sued for partition and a share in the two items of suit schedule properties-1) a piece of agricultural land measuring 1 acre 7 guntas situated at Uchagaon village, Belgaum taluk and district and 2) a house property bearing VPC No 416/2, Maruti Galli, Uchagaon- the plaintiff claiming l/4th share along with the first defendant father, second defendant mother and third defendant brother, the other members of the family, and defendants 4 to 7 being children/legal heirs of one Shankarrao Desai, in whose favour had been executed a sale deed in respect of the agricultural land way back in the year 1967 by the first defendant and the suit having been dismissed by the Trial Court and the result in the first appeal by the plaintiff being no different, the second appeal by the unsuccessful plaintiff under Section 100 CPC.

(2.) THIS second appeal has a history behind it. It came to be dismissed by this Court once earlier as per judgment and decree dated 22-1-2001, dismissed at the admission stage, as a learned judge of this Court found there was no scope for even admitting the appeal within the jurisdiction of 100 CPC.

(3.) THE matter having come back from the Supreme Court and being listed for admission and as this appeal under Section 100 CPC, cannot be admitted unless the High Court is satisfied that there are substantial questions of law arising from out of the judgments of the Courts below and warranting correction at the hands of High Court with wrong findings recorded by the Courts below, Sri Sunil Desai, who was most reluctant to make submissions and was requested for assisting the Court as amicus curiae and was made available with the Courts records, appeal papers, lower Court records and remand papers from the Supreme Court.