SIDDALINGAPPA Vs. E. ANJINAPPA

JUDGEMENT

(1.) Defendants 1 to 4 of an original suit bearing O.S. No. 191/2002 which was pending on the file of the Court 'of Civil Judge (Jr. Dn.) & JMFC, Kudligi, Bellary District, are before this Court challenging the judgment and decree passed against them in R.A. No. 16/2009 which was pending on the file of the Court of Civil Judge (Sr. Dn.), Kudligi. First respondent herein is the only plaintiff in the said suit. The remaining respondents are defendants 5 to 9 in the said suit. Parties will be referred to as plaintiff and defendants 1 to 9 as per their ranking given in the trial Court.

(2.) Suit filed for the relief of declaration of title and permanent injunction was contested by the defendants and was decreed in part granting limited injunction against unlawful dispossession only vide considered judgment dated 13.03.2009. Against the said limited injunction granted in favour of the plaintiff, a regular appeal was filed by the very plaintiff under Section 96 before the First Appellate Court i.e., the Court of Civil Judge (Sr. Dn.), Kudligi, in R.A. No. 16/2009. The said appeal had been filed on the ground that the trial Court was not justified in rejecting the main relief of declaration of title. The said appeal has been ultimately allowed and the main relief of declaration of title has been granted and consequently, the permanent injunction has also been granted by setting aside the limited injunction granted by the trial Court. Several grounds have been urged in the appeal memo filed under Section 100 CPC.

(3.) Learned Counsel for the appellants has submitted his arguments in regard to admission.