VISHWARAJ Vs. B M BYRAPPA

JUDGEMENT

(1.) These appeals are filed by unsuccessful plaintiff and defendants-9 to 13 and 31 to 35 questioning the correctness and legality of the judgment and decree passed in O.S. No. 1949/1989 by 28th Addl. City Civil Judge and Sessions Judge, Mayo Hall, Bangalore dated 29.01.2002 where under suit filed for partition and separate possession of 1/18th share in the suit property and enquiry into mesne profits came to be dismissed and claim of the defendants 9 to 13 and 31 to 35 for partition of suit schedule property also came to be rejected. All these appeals are clubbed and heard together at the request of learned Advocates appearing for parties and also on the ground that learned Advocates in unison have contended that facts and question of law involved are common in all these appeals. Hence, they are taken up together and disposed of by this common judgment.

(2.) I have heard arguments of Sri Shanmukhappa, learned Advocate appearing on behalf of all appellants and Sri. S.K.V. Chalapathi, learned Senior Advocate appearing on behalf of contesting 8th respondent. Perused the judgment and decree. This Court by order dated 10.03.2004 has observed that unserved respondents in RFA 710/2002 are the appellants in the other connected appeals and they are already represented by their counsel and as such, notices to respondents-7, 8a, 8c, 11a, 12, 14 & 17 came to be dispensed with in RFA Nos. 711/2002, 712/2002, 504/2002, 611/2002, 612/2002 & 613/2002.

(3.) The suit was originally numbered as O.S. 22/1977 and filed before City Civil Judge at Bangalore and later it was renumbered as O.S. No. 1949/1980. Initially suit was filed against defendants-1 to 30 and subsequently defendants-31 to 35 have been impleaded. Several parties to the lis having expired, both during pendency of suit as well as before this Court, necessary applications have been filed by parties to bring the legal representatives on record and accordingly they have been brought on record. As such, parties are referred to as per their rank in trial Court.