SESHAPPA Vs. K. GOPALAKRISHNA MURTHY

JUDGEMENT

(1.) THESE two appeals arise out of common judgment dated 31.10.2000 passed by the learned II Addl. Civil Judge (Sr.Dn.), Bangalore Rural District, Bangalore, in O.S. Nos. 90/1990 & 195/1995.

(2.) O .S. No. 90/1990 was filed by Seshappa seeking partition, whereas O.S. No. 195/1995 was filed by K. Gopalakrishna Murthy - 1st defendant in the suit for partition against the plaintiff - Seshappa and three others, seeking decree of permanent injunction. Both suits have been clubbed and tried together and a common judgment has been passed, decreeing the suit filed by K. Gopalakrishna Murthy against Seshappa and his daughters in O.S. No. 195/1995 restraining them from causing interference to his possession and enjoyment of Sy. Nos. 59 & 60 of Kambaliganahalli village. Whereas the suit filed by Seshappa in O.S. No. 90/1990 seeking partition has been dismissed.

(3.) IT is useful to refer to the relationship between the parties. The parties are referred by their rank obtained in the suit for partition filed in O.S. No. 90/1990.