SANGAPPA Vs. MALLAPPA AND SRI. SHIVALINGAPPA

JUDGEMENT

(1.) CONCURRENT findings are called in question by the plaintiff of an original suit bearing O.S. No. 214/1999, which was pending on the file of the Court of Principal Civil Judge (Sr. Dn.), Jamkhandi. Suit filed for the relief of partition and separate possession came to be dismissed by a considered judgment dated 25.11.2009 and the said judgment has been affirmed in R.A. No. 192/2009 filed under Section 96 of CPC before the Court of Fast Track Court, Jamkhandi.

(2.) THE case, as put forth by the plaintiff before the trial Court, was that he had contributed sufficient amount to the deceased 1st defendant - Mallappa to purchase the suit schedule property bearing No. 69/2/1 + 2/12 measuring 5.25 acres in Kumbarhalla village Jamakhandi taluk. It is on this ground, plaintiff had sought 1/4th share. Defendants had specifically denied all the material averments and on the basis of the same, four issues as mentioned below had been framed by the trial Court:

(3.) IN the appeal filed under Section 96 of CPC, it was contended that the defendants had virtually admitted the claim of the plaintiff as put forth in the plaint, more particularly, in the light of not specifically denying the contents of the plaint. But the said contention has not been accepted by the First Appellate Court and appeal has been dismissed by confirming the judgment of the trial Court vide a considered judgment dated 17.12.2011. Hence concurrent findings are called in question before this Court.