VEERAPPA ADOPTED SON OF VEERAPPA BHANGI Vs. NEELAWWA

JUDGEMENT

(1.) BOTH these regular second appeals filed under Section 100 of CPC have arisen out of a common judgment passed in O.S.No.11/1989 clubbed with O.S.No.114/1990, which was pending on the file of the Principal Civil Judge, (Jr.Dn.), Bailhongal. The common judgment passed on 16.08.1989 in O.S.No.11/1989 clubbed with O.S.No.114/1990 have been affirmed by the learned Civil Judge, Bailhongal in regular appeal bearing R.A.No.16/2002 clubbed with R.A.No.17/2002 filed under Section 96 of CPC. Both these appeals have been disposed of by the learned Judge of the first appellate Court vide judgment dated 31.10.2003.

(2.) RSA No.1054/2003 has arisen out of the judgment passed in O.S.No.11/1989 and affirmed in R.A.No.17/2002. RSA No.1095/2003 has arisen out of common judgment relating to O.S.No.114/1990 and affirmed in R.A.No.16/2002.

(3.) SUIT filed in O.S.No.11/1989 is earlier to the suit filed in O.S.No.114/1990. Appellant in both these suits Mr.Veerappa is the sole plaintiff in O.S.No.11/1989 and defendant No.5 in the connected suit bearing O.S.No.114/1990. The said Veerappa who is the appellant herein will be referred to as plaintiff as per the ranking given in the earlier suit bearing O.S.No.11/1989. Suit in O.S.No.11/1989 had been filed against 8 persons. Defendant No.3 Mr.Subaschandra died during the pendency of the said suit bearing O.S.No.11/1989 and his legal representatives were brought on record in the trial Court itself. Defendant Nos.1 to 8 are respondents in RSA No.1095/2003. Initially suit in O.S.No.11/1989 had been filed against defendant Nos.1 to 5 only. Smt.Neelavva came on record by impleading herself as defendant No.6 under Order 1 Rule 10(2) of CPC. Defendant No.7 -Mallavva is the sister of defendant No.6 -Neelavva. Defendant No.8 -Shivanand is the son of defendant No.4. Claiming himself to be the adopted son of Veerappa Bhgangi, plaintiff -Veerappa chose to file a suit for the relief of declaration of title and permanent injunction in respect of property appended to the schedule in O.S.No.11/1989. According to the plaintiff -Veerappa, he was adopted by Smt.Basavva wife of late Veerappa Bhangi on 08.09.1940 according to the customs that prevailed in the community to which they belonged. The plaintiff -Sri Veerappa Rudrappa Bhangi husband of Basavva died on 14.03.1935. According to the plaintiff, his adoption is evidenced by a registered adoption deed dated 19.09.1940. After the death of Basavva, he is stated to have become the absolute owner of the suit schedule property and he stated to be in lawful possession of the schedule property. It is his case that, he has built a house in the schedule land and has been growing sugarcane and supplying the same to the sugar factory.