E.R.SHETTY Vs. MOHINUDDIN

JUDGEMENT

(1.) A suit was instituted by the respondents/plaintiffs seeking for a declaration that they were the owners of land bearing Sy.No.134/E measuring 3 acres 8 guntas situate at Rajgira Village, Bidar Taluk and District. A decree for recovery of possession was also sought for.

(2.) The said suit was contested by the defendants/appellants herein by filing a written statement. After trial, the Trial Court dismissed the suit, as against which, a regular appeal was preferred by the plaintiffs. During the pendency of the regular appeal, it is not in dispute that the defendants/appellants herein had also preferred a cross objection.

(3.) However, the Appellate Court, though noticed it in the order dtd. 4/4/2008 about the filing of the cross objection, has, nevertheless, proceeded to allow the appeal and has not even considered the cross objection that had been preferred by the appellants herein.