SHANKARAPPA Vs. ANNAPURNA

JUDGEMENT

(1.) THE plaintiff of an original suit bearing O.S.237/2004 which was pending on the file of Court of Civil Judge (Jr.Dn.) & JMFC, Hangal is before this Court by filing an appeal under Section 100 of CPC as he is aggrieved by the divergent finding of the First Appellate Court passed in R.A.25/2008 pending on the file of Senior Civil Judge, Hangal.

(2.) RESPONDENTS herein are the defendants in the said suit. Parties will be referred to as per their ranking before the Trial Court.

(3.) FACTS leading to filing of the suit are as follows: One person by name Nagalingappa Janappa Arkasali resident of Agadi Village, Hangal Taluk was the original propositor and he is no more. Plaintiff Shankarappa, deceased first defendant namely Chidanandappa, second defendant namely Ashok Kumar and defendants 3 to 6 are the children of the said Nagalingappa. Ashok Kumar is stated to be unheard for more than 7 years and hence his wife and children are brought on record as legal representatives.