YELLAPPA HANUMAPPA ALUR Vs. PARASAPPA

JUDGEMENT

(1.) CONCURRENT f indings are cal led in question by the plaintiff of an original suit bearing O.S.No.317/1993 pending on the file of the Addl. Civi l Judge (Jr.Dn. ), Bagalkot. Respondent herein is the only defendant in the said suit.

(2.) SUIT f i led for the relief of declaration that the plaintiff has easementary right over the land of the defendant has been dismissed after contest vide judgment dated 05.11.1999. The said judgment was called in question by f i l ing an appeal under Section 96 of CPC in R.A.No.55/1999 before the Court of Senior Civi l Judge, Bagalkot. The said appeal was withdrawn and transferred to the Court of Fast Track Court -II, Bagalkot and renumbered as R.A.54/2004. The said appeal has also been dismissed after contest. Hence concurrent f indings are cal led in question before this Court.

(3.) HEARD the learned Counsel for the parties and perused the records.