SIDGANDI ERANNA Vs. KORISHETTY BUDEPPA

JUDGEMENT

(1.) THIS appeal is preferred by the aggrieved plaintiff in O.S.No.130/2003 on the file of Addl. Civil Judge (Sr.Dn) & JMFC Raichur, wherein, his suit came to be dismissed. In turn he preferred an appeal before the Prl. District & Sessions Judge, Raichur, in R.A.No.117/2009. He also failed to succeed in the said appeal and said appeal came to be dismissed vide judgment dated : 15 -09 -2014.

(2.) I have heard the arguments of the learned counsel for the appellant. Perused the records. I have also carefully perused the judgments of the trial Court as well as of the First Appellate Court. On overall re -looking into the materials on record, I do not find any substantial question of law to be framed in this case so as to admit the appeal. Hence the appeal is liable to be dismissed at the admission stage itself for the following reasons.

(3.) THE plaintiff ( appellant ) filed a suit against defendant nos.1 and 2, seeking declaration of his title and for permanent injunction against the defendants on the ground that he acquired suit schedule property by virtue of an oral partition taken place between himself and his brother defendant no.1. There is no dispute that plaintiff and defendant no.1 and one Yelubhaviyappa are the children of one Appanna s/o Eranna of Gabbur village in Devadurga taluk of Raichur District. It is alleged by the plaintiff that after the death of said Appanna, family properties were mutated in the name of defendant no.1. Subsequently, in the year 1968, they divided the property among themselves and in that oral partition, sy.no.66 fallen to the share of the plaintiff measuring 19 -acres 18 -guntas and sy.no.65 measuring 14 -acres 38 -guntas fallen to the share of the 1st defendant.