BASAVANNEWWA Vs. BASAPPA AND ORS.

JUDGEMENT

(1.) PLAINTIFF in O.S. No. 196/92 (old No. 82/1982) on the file of the Civil Judge (Jr.Dn.), Dharwad has come up in these two appeals impugning the divergent finding rendered by the lower appellate Court in R.A. No. 61/1999, which was filed by defendant No. 4 and R.A. No. 70/1999, which was filed by defendant Nos. 2, 3(b) and 3(c) in the original suit, which are disposed of by common judgment dated 17.03.2004 in setting aside the judgment and decree passed by the trial Court in granting half share in the suit schedule properties to the plaintiff and consequently, dismissing her suit only on the ground that necessary parties are not impleaded to the said suit.

(2.) BRIEF facts leading to these second appeals are as under:

(3.) WITH this rival pleadings, the trial Court proceeded to frame the issues and after recording the evidence on behalf of both the parties, decreed the suit of the plaintiff for the relief of partition and granted 50% share to the plaintiff. It is seen that the said judgment and decree passed by the trial Court in O.S. No. 196/1992 by judgment and decree dated 23.03.1999 was accepted by legal representatives of defendant No. 1. However, defendant Nos. 2 to 4 who are purchasers of the suit schedule properties item Nos. 1 to 3, preferred two regular appeals before the lower appellate Court. The first one is R.A. No. 61/1999, which is filed by defendant Nos. 2 and 3, who are purchasers of Sy. Nos. 131/1 and 131/2 of Tambur village measuring 4 acres, 4 acres and 29 guntas respectively. Defendant No. 4 who is purchaser of land bearing No. 6 of Siddhanabhavi village measuring to an extent of 4 acres 1 gunta, filed an appeal in R.A. No. 70/1999 challenging the judgment and decree passed in O.S. No. 196/1992.