AMANULLAKHAN AND ORS. Vs. ABDULGANI AND ORS.

JUDGEMENT

(1.) THE plaintiffs in O.S. No. 30/1999 on the file of Addl. Civil Judge (Sr. Dn.), Haveri, have come up in this second appeal impugning the concurrent finding rendered by both the Courts below in dismissing the suit of the plaintiff and confirming the same in R.A. No. 61/2007 by the lower appellate Court.

(2.) THE brief facts leading to this second appeal are that the appellants 1 to 5 herein are plaintiffs in the original suit. They are children of deceased Nekamahammad and his wife Shahajadbi, that their parents had another son by name Gulamhyderkhan. Plaintiff's father Nekamahammad is said to have died around 50 years prior to filing of the suit in 1999, his widow Shahajadbi died in the year 1995 and their another son Gulamhyderkhan is said to have died on 5.11.1996.

(3.) IN the original suit the 1st defendant is purchaser of suit schedule property in a public auction which has taken place on 22.11.1981. The defendants 2 and 3 are formal parties in the said suit and defendants 4 and 5 are persons who are said to be the contractors who have taken the work of construction on the suit schedule property on behalf of the auction purchaser defendant No. 1.