MEGHARAJ AND ORS. Vs. SAKARBAI AND ORS.

JUDGEMENT

(1.) Plaintiff in O.S. No. 97/2001 who is also sole defendant in O.S. No. 41/2001 has come up in these two appeals impugning the concurrent findings of both the Courts below in dismissing his suit in O.S. No. 97/2001, which was filed for the relief of declaration and permanent injunction against the defendants in the said suit and decreeing the suit of the plaintiffs in O.S. No. 41/2001 for the relief of possession. Appeal in RSA No. 5031/2009 is filed challenging the concurrent finding passed in O.S. No. 97/2001 and RSA No. 5032/2009 is filed challenging the concurrent finding passed in O.S. No. 41/2001.

(2.) The brief facts leading to these second appeals areas under:

(3.) Subsequent to framing of issues in both the suits, they were taken up for recording common evidence. While recording the evidence, plaintiff in O.S. No. 41/2001 is treated as plaintiff in both the suits and in the evidence, he was referred to as P.W. 1. It is seen that he has examined one person by name Venkappa Narayanappa Banakar as P.W. 2 and he produced in all 10 documents, which are marked as Exs. P1 to P10. On behalf of the plaintiff in O.S. No. 97/2001, plaintiff -Megharaj Basalingappa Pujar examined himself as D.W. 1 and in support of his case, he examined three other persons, namely, Karimsab Babusab Hanagi as D.W. 2, Yellamma Siddappa Galaganti as D.W. 3 and Pankaj Veerji Gala as D.W. 4. On behalf of the defendants, totally 57 documents were produced, which are marked as Exs. D1 to 57. In the said proceeding, the Court Commissioner was also appointed, who in turn filed his report, which was not marked in the evidence.