PRABHULING Vs. SHIVAPUTRA

JUDGEMENT

(1.) These Miscellaneous Second Appeals are filed by the appellants herein, who is the plaintiff in O.S.No.147/2009 and also the defendant in O.S.no.162/2012 aggrieved by the judgment and order dtd. 30/11/2018 passed in R.A.No.22/2018, R.A.No.23/2015 and in unnumbered cross appeal filed in R.A.No.23/2015 by the Senior Civil Judge, Sirsi at Sirsi (hereinafter referred to as "the First Appellate Court" for short) in and by which the First Appellate Court while setting aside the judgment and decree passed in O.S.No.147/2009 and O.S.No.162/2012 by the Principal Civil Judge, Sirsi (hereinafter referred to as "the Trial Court" for short) and allowed the cross appeal filed in R.A.No.23/2009 and remanded the matter for fresh disposal.

(2.) Since these three appeals arise out of a common judgment and order passed by the First Appellate Court, all is taken up for common consideration and disposal.

(3.) Suit in O.S.No.147/2009 is filed by the appellant herein (hereinafter referred to as "plaintiff" for the sake of convenience) seeking relief of declaration to declare him to be the adopted son of one Smt.Gadigemma and for permanent injunction. While suit in O.S.No.162/2012 has been filed by respondent herein (hereinafter referred to as "defendant" for the sake of convenience) seeking relief of declaration of his ownership based on a Will dtd. 13/5/1967 claimed to have been executed by one Chandrappa Shivalingappa Banavasi and for consequential relief of permanent injunction.