HANMANT Vs. ADIVEPPA

JUDGEMENT

(1.) Plaintiff of an original suit bearing O.S.No.93/2003, which was pending on the file of the Court of Principal Civil Judge (Sr.Dn.), Jamakhandi is before this Court by means of an appeal filed under Section 96 of CPC challenging the judgment and decree passed on 18.01.2005. Respondents herein were the defendants 1 to 10 in the said suit. Parties will be referred to as plaintiff and defendants as per the their ranking given in the trial Court.

(2.) Plaintiff chose to file a suit for the relief of declaration that he is the absolute owner of 7 acres of lands in R.S.No.69/1+2/1 of Janawad village, Jamkhandi Taluk and also to declare that the judgment and decree passed in O.S.No.11/1994 dated 27.06.2002 is null and void and it does not bind him and for consequential relief of permanent injunction.

(3.) The case of the plaintiff, as put forth in the trial Court was that the suit property in question belonged to Adiveppa, the defendant No.1 and that Adviveppa had got this property at a partition that took place between himself and his mother Tangewa and other members of the joint family. According to the plaintiff, a suit had been filed in O.S.No.66/1990 by his mother Tangewwa against him and others seeking partition and separate possession of the joint family properties, which are as follows: <FRM>JUDGEMENT_571_TLKAR0_2014_1.html</FRM>