SHIDDAPPA Vs. ADIVEVVA

JUDGEMENT

(1.) PRESENT appeal has arisen out of the judgment passed by the Court of Civil Judge (Jr. Dn.) at Kalaghatagi in O.S. No. 173/92 and the divergent judgment filed in appeal filed u/S 96 of CPC in R.A. No. 209/2003 which was pending on the file of the Court of Prl. District Judge, Dharwad.

(2.) APPELLANT is the only defendant in the said suit bearing O.S. No. 173/92. The respondents herein are the plaintiffs in the said suit. Parties will be referred to as plaintiffs and defendant as per their ranking given in the trial Court.

(3.) SUIT filed for the relief of partition and separate possession in respect of the properties described in the plaint appended to the plaint in O.S. No. 173/92 (old no. 62/98) came to be dismissed after contest. Against the said judgment and decree an appeal was filed u/S 96 of CPC in R.A. No. 209/2003. The said appeal has been allowed after contest vide considered judgment dated 15.04.2004. Present appeal has arisen out of the divergent judgment of the first appellate Court.