KAMOTRA PUTTAPPA Vs. TALAWARA KITTALA KRIYAPPA

JUDGEMENT

(1.) The present appeal is filed under Section 100 of CPC being aggrieved by the judgment passed in R.A.48/2007 pending on the file of Fast Track Court-III, Hospet.

(2.) The appellants herein were plaintiffs and respondents herein were defendants in O.S.No.142/2005 which was pending on the file of Court of Addl. Civil Judge (Sr.Dn.), Hospet. Parties are referred to as per their ranking in the trial Court.

(3.) The suit filed for relief of declaration of title that plaintiffs have acquired title by adverse possession in respect of 8.42 acres of land situated in Sy.No.304-D of Dasanahalli Village of Hadagali Taluk has been allowed vide considered judgment dated 25.07.2007. The said judgment and decree was called in question by the defendants in appeal filed under Section 96 of CPC in R.A.No.48/2007. After perusing the grounds in the appeal memo and after perusing the entire records, the First Appellate Court has allowed the appeal and consequently the suit of the plaintiffs is dismissed. It is this divergent judgment of the First Appellate Court is called in question on various grounds as set out in this appeal memo.