BASAVANNEPPA Vs. ANASAVVA

JUDGEMENT

(1.) These appeals and the cross-objection are filed by the both the plaintiff and the defendants in O.S. No.5/2000 against the judgment and decree dtd. 5/1/2010, passed by the Addl. Civil Judge (Sr.Dn.) Haveri (for short "the trial Court"). By the said judgment, the trial Court partly decreed the suit of the plaintiff, declaring him to be the owner and possessor of the Sl.No.1 suit schedule properties namely, land bearing R.S. No.43 measuring 2 acres 4 guntas and R.S. No.82 measuring 7 acres 3 guntas, both situated at Ijari Lakmapur Village and the defendants were permanently restrained from illegally interfering with or obstructing the plaintiff's lawful possession of these properties. However, the suit of the plaintiff in respect of the Sl. No. 2 of the suit schedule properties namely, land bearing R.S. No.29/1B/1 was dismissed.

(2.) Aggrieved by the rejection of the relief regarding suit schedule Sl.No.2 property, the plaintiff filed an appeal in R.A. No.10/2010, while the defendants aggrieved by the decree in favour of the plaintiff in respect of suit schedule Sl.No.1 properties, preferred an appeal in R.A. No.30/2010 before the I-Addl. District and Sessions Judge, Haveri (for short "the First Appellate Court"). The First Appellate Court, by separate judgments passed on the same day i.e., on 28/3/2016, dismissed the appeal filed by the plaintiff in R.A. No.10/2010 and partly allowed the appeal filed by the defendants in R.A. No.30/2010, granting equal share in the suit schedule Sl.No.1 properties to the Plaintiff and Defendant Nos.1 to 6.

(3.) Aggrieved by the aforesaid judgments and decrees passed by the trial Court and the First Appellate Court, the plaintiff has filed RSA Nos.100389/2016 and 100548/2024 before this Court, while the defendants have filed RSA Cr.Ob. No.100009/2016.