ALLABAX Vs. MUNNABI

JUDGEMENT

(1.) CONCURRENT findings are called in question before this Court by the lone defendant of an original suit bearing O.S. No. 49/2007 Which was pending on the file of the Court of Civil Judge (Jr. Dn.) & JMFC, Savanur. Respondents are the plaintiffs 1 and 2 in the said suit.

(2.) SUIT filed for the relief of permanent injunction in respect of a house bearing TMC No. 220 Block No. V. of Savanur, described in the schedule property has been decreed as prayed for vide considered judgment dated 12.10.2009. Against the said judgment and decree, appeal filed under Section 96 in R.A. No. 72/2009 before the Court of Prl. Senior Civil Judge, Haveri, has been dismissed. Thus the judgment of the trial Court is confirmed. Hence, the defendant is before this Court by filing an appeal under Section 100 CPC. Perused the judgments of both the Courts and heard the learned Counsel appearing for the parties.

(3.) A suit had been filed in O.S. No. 42/1998 by the plaintiffs herein seeking partition and separate possession and the same was dismissed. Appeal filed under Section 96 of CPC in R.A. No. 8/2003 came to be allowed and suit of the plaintiffs was decreed and plaintiff No. 1 herein was granted 2/9th share and 1/9th share each to plaintiffs 2 to 4 therein. 5/9th share was granted to the plaintiffs together in the said suit which judgment has become final. Consequent upon the judgment passed in R.A. No. 8/2003 final decree proceedings in FDP No. 3/2006 has been initiated and it has been allowed. Against the said judgment and decree passed in FDP No. 3/2006, appeal was filed in R.A. No. 46/2012 and the same has been dismissed and thus the decree drawn has virtually become final though a regular second appeal is filed by the unsuccessful parties against the said Regular Appeal. The trial Court has granted the limited injunction to be in force till the final decree is engrossed on the stamp paper. Anyhow the defendant is not a member of the family of the plaintiffs and his share will have to be worked out and he has to get his share demarcated in the final decree proceedings which is to be concluded.