NAGANAGOUDA VEERANAGOUDA PATIL Vs. LEELA BASAPPA KAGGANAGI

JUDGEMENT

(1.) This regular first appeal is directed against the judgment and decree dated 9-4-1986 passed in O.S. No. 247 of 1983 by the Court of the First Additional Civil Judge, Belgaum, wherein the court of the first instance dismissed the suit.

(2.) A few facts to briefly state are : The parties are described in their original ranks. As against the decree in O.S. No. 247of 1983, the plaintiff has preferred this appeal and defendants have filed their cross-objections, as such it is proposed to pass the following judgment. Plaintiff Naganagouda Veeranagouda Patil filed a suit numbered as O.S. No. 247 of 1983, on the file of the Civil Judge, Belgaum against the defendants who ar'e legal representatives of one deceased Basappa Balappa Kagganagi for recovery of Rs. 1,90,000/- the amount being towards compensation for the wrongful detention of a truck bearing Registration No. MYB 6008, the basis of the claim being restricted to for a period of two years that is from 4-9-1981 to 4- 9-1983.

(3.) It is seen from the records that earlier to filing of the above original suit, plaintiff had filed another original suit numbered as O.S. No. 22 of 1975, on the file of the Civil Judge, Belgaum, against Basappa Balappa Kagganagi for possession of lorry bearing No. MYW 6008 and also for mesne profits. The above original suit proceedings was contested by Basappa Balappa Kagganagi and the matter was finally decided as between the parties in R.S.A. No. 377 of 1979, on the file of this court (vide Ex. P. 13). It is also seen from the records that Basappa Balappa Kagganagi died during the proceedings and his legal representatives were brought on record in the above regular second appeal proceedings. This court in the above regular second appeal while dismissing the appeal has observed, the relevant portion being: