KASHAVVA BHIMAPPA HULEPPAGOL Vs. DUNDAPPA NAGAPPA NAGAPPAGOL

JUDGEMENT

(1.) THIS is an appeal filed by the plaintiff of an original suit bearing O.S.NO.38/1997 (old O.S.No.111/1994) which was pending on the file of the Civil Judge (Sr.Dn.), Hukeri. Plaintiff had filed a suit for the relief of partition and separate possession against the respondents herein seeking half share. That suit had been contested by the defendants and ultimately suit came to be decreed granting half share to the plaintiff. Against the said judgment and decree an appeal came to be filed under Section 96 of CPC before the II Additional District Judge, Belgaum and was numbered as R.A.No.38/2000. The said appeal has been allowed and the judgment and decree passed by the trial Court has been set aside. Consequently, suit filed by the plaintiff/appellant has been dismissed.

(2.) THE divergent judgment of the first appellate Court is called in question before this Court by filing an appeal under Section 100 of CPC.

(3.) THE facts leading to the filing of the suit by the plaintiff are as follows: