DYAMAPPA BUTTAPPA MUSTIGERI Vs. SHIDDAVVA

JUDGEMENT

(1.) DEFENDANT nos. 2 and 3 of O.S. No. 130/1995 are before this Court by filing an appeal u/S. 100 of CPC challenging the judgment and decree passed against them on 19.07.2005 and the affirmation of the same by the learned Senior Civil Judge at Badami in R.A. No. 8/2006 (old no. 77/2005). The respondent is the plaintiff no. 2 in the said suit. Parties will be referred to as plaintiffs and defendants as per their ranking given in the trial Court.

(2.) PLAINTIFF Yallavva chose to file a suit for the relief of partition and separate possession of the properties described in the schedule appended to the plaint. The properties are measuring 11.35 acres and 5.12 acres in R.S. No. 63 and 75/2 of Niralakeri village, Badami Taluk respectively. The schedule properties include two houses bearing V.P. No. 239 -A and 239 -B. The suit filed for the relief of partition and separate possession claiming 1/2 share has been allowed by a considered judgment dated 19.07.2005. Against the said judgment and decree an appeal came to be filed u/S. 96 of CPC in old No. 77/2005. The said appeal was withdrawn and transferred to the Court of Civil Judge (Sr. Dn.) at Badami and renumbered as R.A. No. 8/2005. The said appeal was also dismissed after contest. Hence concurrent findings are called in question before this Court by defendant nos. 2 and 3 who are the legal representatives of deceased first defendant.

(3.) PLAINTIFF is examined as P.W. 1 and got marked 9 exhibits on her behalf. Second defendant is examined as D.W. 1 and two more witnesses have been examined on his behalf apart from getting two documents marked. After hearing and perusing the record, suit has been decreed granting half share in the schedule 'B' properties vide judgment dated 18.07.2005. The said judgment was called in question by filing an appeal before the Court of Senior Civil Judge at Badami in R.A. No. 8/06. The said appeal has also been dismissed after contest. Hence concurrent findings are called in question in this appeal.