PUTTASIDDAMMA Vs. SIDDARAJU

JUDGEMENT

(1.) The present appeal is filed under Section 100 of C.P.C. challenging the judgment passed in O.S. No.201/1995 which was pending on the file of the then court of II Munsiff & JMFC, Mysore, which is affirmed in Regular Appeal No.30/98 on the file of II Addl. Civil Judge (Sr. Dn.) Mysore. Respondents No.1 and 2 are the plaintiffs in the said suit filed for the relief of partition and separate possession of two immovable properties. Item No.1 is an agricultural land and item No.2 is the residential house in Mysore city. 4th defendant Lingaiah died during the pendency of the suit and his legal representatives were brought on record in the trial court itself. They are respondents 3 to 11. 5th defendant Chikkalingaiah @ Moganna has not been made as a party since he had not filed any appeal before the first appellate court. Only defendants No.1 to 3 and legal representatives of deceased 4th defendant had filed Regular Appeal in R.A. No.30/1998.

(2.) Suit filed by the plaintiffs/respondents No.1 and 2 herein for the relief of partition and separate possession came to be decreed granting 1/4th share in both the properties. Direction has been given to hold enquiry under Order 20 Rule 12 of CPC vide considered judgment dated 03.12.1997. This judgment was taken in appeal by defendants No.1 to 3 and legal representatives of deceased 4th defendant under Section 96 of CPC before the court of Senior Civil Judge at Mysore which was assigned to II Addl. Civil Judge (Sr. Dn.) at Mysore after contest and thus the judgment of the trial court has been upheld. Concurrent findings are called in question before this court by filing appeal under Section 100 of CPC.

(3.) Facts leading to the filing of present appeal are as follows: