UMADEVI Vs. TAYAPPA

JUDGEMENT

(1.) Present appeal filed under Section 100 of CPC is directed against the concurrent findings given in O.S.No.15/2007 and R.A.No.2/2010.

(2.) Appellants herein were the plaintiffs in O.S.No.15/2007, which was pending in the Court of Civil Judge (Sr.Dn.) at Yadgir. Persons by name Tayappa and Ayyappa were the two defendants in the said suit. During the pendency of this appeal, defendant No.1 Tayappa who was respondent No.1 herein died and his legal representatives were brought on record as respondent Nos.1(A) to 1(C).

(3.) Suit was filed in O.S.15/2007 seeking the relief of declaration to the effect that the plaintiffs are the joint owners in possession of the suit schedule property, measuring 8.34 acres in Sy.No.8/Aa of Sangwar village, Yadgir taluk and further declaration to the effect that the decree passed in O.S.No.170/1997 does not bind the rights of the plaintiffs and for the consequential relief of permanent injunction, restraining the defendants from causing interference to the peaceful possession and enjoyment of the suit property. The suit in O.S.No.15/2007 was contested and ultimately it was dismissed vide judgment dated 16.11.2007. Against the said judgment and decree, an appeal was filed before the District and Sessions Judge at Yadgir in R.A.No.2/2010, in terms of Section 96 of CPC. The said appeal also came to be dismissed on 28.02.2012. Hence, the appellants have filed this appeal against the concurrent findings.