GURURAJ Vs. RAMALINGAPPA

JUDGEMENT

(1.) APPELLANTS in both these cases were the plaintiffs 1 to 8 in O.S. No. 11/2001 and 12/2001 which were pending on the file of Addl. Civil Judge (Sr. Dn.), Jamakhandi sitting at Mudhol of Bagalkot District. Respondents in R.S.A. No. 5403/2009 were the defendant nos.1 to 5 in O.S. No.11/2001. Respondents in connected R.S.A. No. 5404/2009 were the defendants in O.S. No. 12/2001. The nature of the suits and the reliefs prayed for are identical apart from plaintiffs being same in both the suits.

(2.) O .S. No.11/2001 and 12/2001 had been taken up separately and had been decided separately. O.S. No. 11/2001 had been filed for the main relief of declaration to the effect that the plaintiffs are the absolute owners of the suit schedule property and consequential relief of permanent injunction and the said suit was in respect of 8.19 acres and 9.34 acres of agricultural land in sy. No. 77/2 and 78/2 respectively of Lokapur village of Mudhol taluk. O.S. No. 12/2001 was also for the reliefs of declarationof title and permanent injunction in respect of 17.02 acres and 14.23 acres of agricultural lands in sy. No. 80 and 81 of Lokapur village, Mudhol Taluk of Bagalkot District. Both the suits had been contested by the defendants therein.

(3.) O .S. No. 11/2001 was dismissed after contest, vide considered judgment dated 25.07.2008. O.S. No. 12/2001 was disposed of by a considered judgment dated 26.09.2008. Against these judgments, separate appeals had been filed u/S 96 of CPC before the Court of District Judge at Bagalkot in R.A. No. 91/2008 and 128/2008. Both the appeals had been withdrawn and transferred to the Court of Fast Track at Jamakhandi. Several grounds had been urged in both the appeals filed u/S 96 of CPC. Both the appeals have been dismissed after contest by a common judgment and decree dated 18.04.2009. As against these judgments and decrees R.S.A. No. 5403/2009 and 5404/2009 have been filed and they have arisen out of O.S. No. 11/2001 and 12/2001 and R.A. No. 91/2008 and 128/2008 respectively. Hence both these appeals are taken up together for common judgment.