K. BASAVARAJ GOWDA Vs. ANASUYAMMA

JUDGEMENT

(1.) This matter is listed for admission. I have heard the learned counsel for the appellant and also learned counsel for the respondent Nos.1 to 5.

(2.) In this miscellaneous second appeal, the appellant has challenged the judgment and decree dtd. 28/8/2019 passed in R.A.No.64/2012 on the file of the V Additional District and Sessions Judge, Shivamogga (sitting at Sagar), allowing the appeal and setting aside the order dtd. 24/9/2008 passed in F.D.P.No.3/2007 (O.S.No.74/79) on the file of the Civil Judge, Sagar, wherein the matter was remanded to the lower Court with a direction to dispose of the matter afresh by giving an opportunity to the appellants therein by impleading themselves in the FDP proceedings and to lead oral and documentary evidence.

(3.) It is the case of the appellant that he had filed the suit in O.S.No.74/1979 seeking the relief of partition and separate possession and the said suit was decreed on 30/6/1982 and an appeal was filed and the same was dismissed and thereafter, regular second appeal in R.S.A.No.136/1990 was filed before this Court and in the said appeal also, the decree of partition was confirmed. However, the respondents herein made an application before this Court to come on record, wherein liberty was given to approach the FDP Court and seek for appropriate relief vide order dtd. 26/11/1997. The appellant herein has filed F.D.P.No.4/2001 and the same was re-numbered as F.D.P.No.3/2007 on account of transfer of the case to the Soraba Court and ultimately, on 24/9/2008, final decree was drawn.