PRAVEEN CHANDRASHEKHAR GANIGER Vs. MOHAN SANGAPPA GANIGER

JUDGEMENT

(1.) REGULAR f irst appeal f iled under Section 96 of CPC in RFA No.664/2000 has arisen out of the judgment and decree passed in O.S.No.36/1986, which was pending on the file of the Senior Civi l Judge, Athani, Belgaum District. Connected regular appeal in No.R.A.44/2000 f iled under Section 96 of CPC has arisen out of the judgment and decree passed in O.S.No.186/1992. Both these suits had been clubbed to record common evidence and these suits have been disposed of by a common judgment and decree dated 19.06.2000, by the learned Senior Civi l Judge, Athani.

(2.) O .S.No.36/1986 f iled by Mohan Sangappa Ganiger has been decreed and O.S.No.186/1992 fi led by Girimal la and others has been dismissed. Hence, regular first appeal bearing RFA No.664/2000 is fi led by Praveen Chandrashekar Ganiger who is the purchaser of the suit schedule property during the pendency of the suit bearing O.S.No.36/1986 and this Praveenchandra is appel lant in RFA No.664/2000 and he is plaintiff No.3 in original suit bearing O.S.No.186/1992.

(3.) ORIGINAL suit bearing O.S.No.186/1992 had been filed by Girimal la and his brother Shivaputra for the reliefs of declaration to the effect that they are owners of land in Sy.No.413/2 measuring 4 acres of Ainapur vi l lage, Athani Taluk and also for further declaration that a well is situated on the boundary l ine in between Sy.No.413/1 and 413/2 of Ainapur and for permanent injunction. O.S.No.36/1986 has been filed for the main relief of declaration to the effect that he is the absolute owner of land in Sy.No.413/1 measuring 5 acres 16 guntas and also for declaration that well shown in the hand sketch appended to the plaint exclusively belongs to him i.e., plaintiff Mohan Sangappa Ganiger and that it is well within the boundary of Sy.No.413/1.