SHIVAMMA Vs. SHRI DEVAPPA

JUDGEMENT

(1.) DEFENDANTS are before this Court chal lenging the concurrent f indings given in O.S.No.113/2008 which was pending on the file of the Court of Civil Judge & JMFC, Koppal and affirmation of the same by the learned Presiding Off icer of the Fast Track Court -I in R.A.No.26/2011. Respondents were the plaintiffs in the said suit and appellants were the defendants in the said suit. Parties wi l l be referred to as plaintiffs and defendants as per their ranking given in the trial Court.

(2.) SUIT f i led for the reliefs of declaration of title that they are the absolute owners of suit schedule 'A' and 'B' properties and permanent injunction has been decreed as prayed for after contest and defendants have been directed to hand over vacant possession of schedule 'B' properties, as they are in possession of the same. The considered judgment dated 03.08.2010 passed in O.S.No.113/2008 had been cal led in question before the Court of Civi l Judge (Sr.Dn. ), Koppal under Section 96 of CPC. The said appeal was withdrawn and transferred to the Fast Track Court -I, Koppal and was numbered as R.A.26/2011. The said appeal has been dismissed after contest. Thus the concurrent f indings are called in question before this Court by f i ling an appeal under Section 100 of CPC. The learned Counsel for the appellants has submitted his arguments in regard to admission.

(3.) THE facts leading to the fil ing of the suit are as follows: