RUKKUBAI Vs. ANANTHARAM SINGH

JUDGEMENT

(1.) RSA .2563/05 has arisen out of the dismissal of O.S.200/85 filed for the relief of partition and separate possession and reversal of the same in an appeal filed under Section 96, C.P.C. in R.A.47/01 which was pending on the file of Senior Civil Judge, KGF. Being aggrieved by the divergent judgment, RSA.2563/05 had been filed by the 4th defendant of O.S.200/85. The said appeal has been dismissed for non -prosecution.

(2.) DURING the pendency of the appeal, the plaintiff - cross objector herein has chosen to file this Cross Objections under Order XLI Rule 22, C.P.C. since the first appellate court has not granted the relief of mesne profits sought for in spite of allowing the appeal and consequently dismissing the suit O.S.200/85.

(3.) THE Cross Objections has been admitted to consider the following substantial question of law framed on 8.6.2015: