KRISHNA MANJU GOWDA Vs. LAXMI KOM KRISHNA GOWDA

JUDGEMENT

(1.) THE present appeal is filed against the divergent finding passed in R.A.297/2001 filed under Section 96 of CPC which was pending on the file of Civil Judge (Sr.Dn.) Honavar.

(2.) THE appellants herein were the legal representatives of sole plaintiff Sri.Krishna Manju Gowda and respondents herein were defendants Nos.1 to 6 in the original suit bearing O.S.241/1993. Defendant No.6, Nagappa died during the pendency of regular appeal and his legal representatives were brought on record in the regular appeal itself. Parties will be referred to as per their ranking before the trial Court.

(3.) SUIT filed for relief of partition and separate possession in respect of 6 acres 20 guntas of land in Sy.No.46/1 ABDEK had been decreed granting half share to the plaintiff vide considered judgment dated 28.6.2000. As against the said judgment and decree, defendants filed an appeal under Section 96 of CPC before the First Appellate Court. The said appeal has been allowed by dismissing the suit vide considered judgment and decree dated 29.10.2009.