SIDDAPPA AND ORS. Vs. NAGABHUSHANA AND ORS.

JUDGEMENT

(1.) THESE three appeals are filed by the appellants -Siddappa and Nageshi who are the sons of Choudapurada Sannabasappa. These three appeals arise out of the judgment and decree passed in R.A. Nos. 35/2005, 36/2005 and 37/2005 on the file of Civil Judge (Sr. Dn.), Kudligi. Admittedly, the judgment passed in R.A. No. 35/2005, 36/2005 and 37/2005 is common judgment. Incidentally, the appeals in R.A. No. 35/2005 and 37/2005 arise out of the judgment passed in O.S. No. 37/1999 on the file of Civil Judge (Jr. Dn.), Kudligi, whereas R.A. No. 36/2005 arise out of the judgment in O.S. No. 114/98 on the file of Civil Judge (Jr. Dn.), Kudligi.

(2.) THE contesting parties in O.S. No. 114/1998 and 37/1999 are Siddappa, Nageshi and Kotrappa. The suit in O.S. No. 114/1998 is the first of the suits which is filed by Siddappa and Nageshi against their father Chowdapurada Sannabasappa as first defendant and their another brother Nagabhusuah as second defendant. In the said suit third defendant is one Kotrappa son of Chowdapurada Doddabasappa. It is necessary to mention at this juncture that the third defendant Kotrappa is none other than the cousin brother of plaintiff Nos. 1 and 2 and nephew of first defendant Chowdapurada Sannabasappa. That is the said Kotrappa is none other than the son of Chowdapurada Sannabasappa's elder brother Doddabasappa in O.S. No. 114/1998 the defendant Nos. 4 to 6 are the daughters of first defendant. The said suit is filed by Siddappa and Nageshi for the relief of declaration of their alleged share in suit schedule properties namely, sy. No. 85/A measuring 2 acres 20 cents, 86/A measuring 5 acres 78 cents and sy. No. 86/C measuring 1 acre 81 cents of the lands situated in Kakuppe village of Kudligi Taluk, Ballari district.

(3.) IT is also seen that the third defendant -Kotrappa besides filing written statement in the aforesaid terms in O.S. No. 114/1998 filed a suit in O.S. No. 37/99 against the plaintiffs and defendant No. 2 in O.S. No. 114/1998 and the said suit is registered in O.S. No. 37/1999. It is seen that as on the date of filing of O.S. No. 37/1999 the first defendant in O.S. No. 114/98 had already died. Therefore, he was not arrayed as party in O.S. No. 37/1999. In the second suit the prayer of plaintiff -Kotrappa is in declaring him as the absolute owner of suit schedule property, namely, sy. No. 86/A measuring 5 acres 78 cents, which is the suit schedule item No. 2 in O.S. No. 114/1998. It is seen that both the suits are tried separately by framing issues and both the suits are dismissed by the trial Court, i.e., the suit in O.S. No. 114/1998 filed by Siddappa and Nageshi, was dismissed by the Court of Civil Judge (Jr. Dn.), Kudligi, by judgment and decree dated 28.07.2005 whereas the suit in O.S. No. 37/1999 filed by Kotrappa against Siddappa, Nageshi and Nagabhushan came to be dismissed by the Court of Civil Judge (Jr. Dn.), Kudligi by judgment and decree dated 28.07.2005. Both the judgments are pronounced separately.