BASAVANNEVVA Vs. MAHADEVAPPA

JUDGEMENT

(1.) THIS regular first appeal is filed by the appellants/plaintiffs under Section 96 of CPC 1098, against the judgment and decree dated 17.11.2009 passed in O.S.No.331/2004 on the file of the Principal Civil Judge (Sr.Dn.) Hubli, dismissing the suit filed for partition and separate possession.

(2.) ALONG with the appeal, learned counsel for appellants has filed Misc.Cvl.109908/2010 for condoning the delay of 260 days in filing the appeal.

(3.) HOWEVER, in the interest of justice and equity, we have gone through the judgment and award passed by the Trial Court. It is not in dispute that, the suit filed by the appellants in OS No.205/2001 was dismissed for default and the Misc. petition filed to restore the same also came to be dismissed. Therefore, in view of the suit filed by the plaintiffs for partition was already dismissed for default, there is no cause of actin for the appellants to file fresh suit as rightly observed by the Trial Court. Therefore, even on merits also, we do not find any justification or good grounds to entertain the relief sought by the appellants in the appeal.