PEERAPPA AND ORS. Vs. SADASHIV AND ORS.

JUDGEMENT

(1.) PLAINTIFFS in O.S. No. 255/2008 on the file of the Principal Civil Judge & JMFC, Raibag have come up in this second appeal impugning the judgment of both the Courts below in dismissing their suit filed for partition and permanent injunction.

(2.) BRIEF facts leading to this second appeal are as under:

(3.) PLAINTIFF No. 1 adduced evidence as P.W.1. By then, plaintiff No. 2 died and his children were brought on record as plaintiff Nos. 2A to 2D. In support of the case of the plaintiffs, an independent witness by name Sri. Vasant Mayappa Maisale was examined as P.W.2. In all 15 documents were produced and marked as Exs. P1 to P15. On behalf of the defendants, defendant No. 4 who had filed detailed written statement denying the plaintiffs claim and who is also one of the beneficiary under M.E. No. 349 adduced evidence as D.W.1. Defendant No. 2 who is purchaser of the share of defendant No. 1 was examined as D.W.2 and one of the members of the family namely, Krishna S/o. Nana Mang was examined as D.W.3. In all 18 documents were produced, which are marked as Exs. D1 to D18. The trial Court on appreciation of the pleadings, oral and documentary evidence available on record proceeded to answer issue Nos. 1 and 2 in the negative, which were framed to consider whether plaintiffs prove that they are absolute owners in possession of the suit land and the alleged interference pleaded by the plaintiffs against the defendants. Sofar issue Nos. 3 and 4 which were based on the written statement filed by defendant Nos. 2 and 4 with reference to whether they prove that suit is barred by limitation and defendant No. 2 in establishing that he is the bonafide purchaser for value were answered in the affirmative and consequently, issue which was framed to consider whether plaintiffs are entitled for the relief as prayed for was answered in the negative and suit of the plaintiffs was dismissed. Being aggrieved by the same, plaintiffs preferred an appeal in R.A. No. 8/2012 on the file of the Senior Civil Judge and JMFC, Raibagm, wherein, the lower appellate Court on going through the grounds of appeal and also finding of the trial Court on issue Nos. 1 to 5 framed following points for consideration.