JYOTIBA VAIJU GHEVADE Vs. RUDRAPPA APPAYYA MUDDENNAVAR

JUDGEMENT

(1.) Plaintiffs of an original suit bearing O.S.No.631/1988 which was pending on the file of the then Court of Prl. Munsiff, Belgaum, are before this Court challenging the judgment and decree passed in O.S.No.631/1988 and affirmed in R.A.No.446/2004.

(2.) Respondents herein are the defendants in the said suit. Plaintiff No.1 Jyothiba died during the pendency of the suit and his legal representatives were brought on record. The suit filed for the relief of possession of the schedule property measuring 1 acre 18 guntas in Sy.No.118/2 of Agasagi Village, Taluk Belgaum, came to be dismissed by a considered judgment and decree dated 14.01.2000. Against the said judgment and decree a Regular Appeal was filed under Section 96 of CPC before the Court of VI Addl. District Judge, Belgaum, in R.A.No.446/2004. The said appeal has been dismissed by confirming the judgment and decree of the trial Court vide considered judgment dated 16.11.2009. It is this judgment and decree which is called in question on various grounds as set out in the appeal memo filed under Section 100 CPC.

(3.) Learned Counsel for the appellants has submitted his arguments. Perused the entire original records and the impugned judgment.