NOORAHAMAD SHASHASAHEB Vs. GANGUBAI

JUDGEMENT

(1.) HEARD learned counsel for the appellant. Concurrent findings are called in question before this Court by filing appeal u/S. 100 of CPC. Plaintiff is before this Court challenging the dismissal of his suit filed for the relief of possession and mandatory injunction in O.S. No. 193/2002 which was pending on the file of the Court of II Addl. Civil Judge (Jr. Dn.), Belgaum. Suit filed for the above reliefs has been dismissed after contest on 16.10.2004. The said judgment and decree has been affirmed in R.A. No. 245/2009 by the Fast Track Court -II at Belgaum.

(2.) THE case of the plaintiff is that he is in lawful possession and enjoyment of an open space measuring 33 feet x 33 feet bearing property no. 1393/A out of R. Sy. No. 1393/A/2A in M.M. Extension, Belgaum City.

(3.) PLAINTIFF is examined as P.W. 1 and defendant is examined as D.W. 1. 10 exhibits have been got marked on behalf of the plaintiff. No exhibits have been got marked on behalf of the defendants. Ultimately issue nos. 1 to 5 have been answered in the negative. Consequently suit came to be dismissed on 16.10.2004. Appeal filed under Section 96 of CPC in R.A. No. 245/2009 has also been dismissed by the learned Judge of the Fast Track Court -II, Belgaum on 17.04.2010. Thus, dismissal of the suit has been upheld.