(1.) BOTH these appeals filed under Section 100, C.P.C. have arisen out of a common judgment and decree passed by the learned senior civil judge, Sedam, Gulbarga, in R.A. Nos. 14/08 and 15/08 disposed of on 8.12.2009. Those appeals filed under Section 96, C.P.C. had arisen out of the judgment and decree in O.S. 42/04 which was pending before the learned Civil Judge, Sedam, Gulbarga.
(2.) THE appellant in both the appeals was the sole plaintiff in O.S. 42/04. Respondents herein were the defendants. Parties will be referred to as plaintiff and defendants as per their ranking before the trial court.
(3.) THE case of the plaintiff is that he has been in possession and enjoyment of 1.16 acres of land purchased from his brother vide sale deed dated 2.5.1975. Since the defendants tried to interfere with his possession in respect of 20 guntas, he chose to file the suit for the relief of declaration of title and permanent injunction.