MALLESHI Vs. MALLAYYA

JUDGEMENT

(1.) THESE two appeals arise out of the common judgment passed by the Court of Civil Judge (Sr. dn.) Aland in RA. Nos. 65/2003 and 66/2003 dated 5. 2. 2004 dismissing both the appeals and confirming the judgment and decree passed by the Court of Civil Judge (Jr. Dn.) Aland in O. S. Nos. 137/94 and 162/93.

(2.) THE essential facts of the case leading upto these appeals with reference to the rank of the parties before the Trial Court are as follows: o. S. No. 137/94 was filed for the relief of declaration that plaintiff is the absolute owner in possession of the land Rearing No. 58/3 measuring 38 guntas as per the description given in the schedule situated in Kawalga village and for cancellation of the decree passed in O. S. No. 155/93 dated 28. 6. 1994 by declaring that the suit decreed is null and void and for relief of perpetual injunction. The suit was resisted by the defendants.

(3.) O. S. No. 162/93 was filed by the same plaintiff in O. S. No. 137/94 in respect of Sy. No. 58/3 measuring 38 guntas seeking for a declaration that plaintiff is the absolute owner in possession of the land in Sy. No. 58/3 and for injunction against the defendants. The suit was also resisted by the defendants.