P. NARAYANA Vs. P. SUBRAMANYA

JUDGEMENT

(1.) Concurrent findings are called in question by the 1st defendant of a case in an original suit bearing O.S.243/90 which was pending on the file of Principal Senior Civil Judge, Mysuru. The 1st respondent herein is the sole plaintiff in the said suit. The other respondents are defendants 2 to 5 in the said suit. Parties will be referred to as plaintiff and defendants as per their ranking before the trial court.

(2.) Suit filed for the relief of partition and separate possession of the suit schedule properties claiming half share in 'B' schedule property as described in the schedule to the plaint has been decreed granting 7/15th share in item nos.1 and 2 by way of equitable partition in terms of proportionate price of the suit properties, and the 1st defendant has been directed to pay the proportionate price of both the sites described in 'B' schedule to the plaintiff. It is further held that the 3rd defendant is entitled to 1/15th share in item nos.1 and 2 of plaint 'B' schedule property. The judgment dated 25.7.2000 passed in O.S.243/00 had been called in question by filing an appeal under Section 96, C.P.C. before the Principal District Court at Mysore in R.A.32/00. The said appeal has been dismissed by the court vide considered judgment dated 22.1.2005. It is these concurrent findings which are called in question before this court by filing an appeal under Section 100, C.P.C.

(3.) Facts leading to the filing of the suit before the trial court by the 1st respondent herein-plaintiff are as follows: