MANOHAR Vs. LAXMI

JUDGEMENT

(1.) THE first defendant of an original suit bearing O.S.No.68/2003 which was pending on the file of the Court of III Addl. Senior Civil Judge, Belgaum, has approached this Court by way of an appeal under Section 96 of CPC challenging the judgment and decree passed against him in on 24.12.2005.

(2.) RESPONDENTS 1 to 8 herein were plaintiffs in the said suit and respondents 9 and 10 were defendants 2 and 3 in the said suit. Parties will be referred to as plaintiffs and defendants as per their ranking given in the trial Court.

(3.) SUIT schedule property is an urban property carved out of resurvey No.48/3A/1 and a two -storied house is built thereon. The said property bears property No.741/13/A and is situated in Vidhya Nagar, Angol -Belgaum City. Plaintiffs had filed a suit for reliefs of partition and separate possession seeking in all 4/5th share in the said suit schedule property. The said suit has been decreed as prayed for. Being aggrieved by the said judgment and decree passed by the learned III Addl. Senior (Civil Judge), Belgaum, the first defendant has challenged the same on various grounds as set out in the appeal memo.