ABDUL HAMEED Vs. HASIM @ MANUSAB S/O LALSAB

JUDGEMENT

(1.) The present appeal is filed by the defendants being aggrieved by the judgment and decree dtd. 31/7/2023 passed in R.A.No.26/2020 on the file of Addl. Sessions Judge Fast Track Special Court-I at Vijayapura (for short, 'the First Appellate Court'), by which while allowing the appeal filed by the plaintiffs, the First Appellate Court has set aside the judgment and decree dtd. 9/1/2020 passed in O.S.No.96/2013 by the Senior Civil Judge and JMFC, Basavana Bagewadi and held that plaintiff Nos.1A to 1G are entitled for 2/8th share and plaintiff No.2 is entitled for 2/8th share in suit schedule properties by metes and bounds.

(2.) There is a delay of 681 days in filing the above appeal. The affidavit accompanying the application indicates that the appellants herein were placed ex parte before the First Appellate Court and that they had no knowledge of the judgment and decree passed in the First Appellate Court till they received notice in the final decree proceedings that were initiated by the respondents- plaintiffs in FDP No.29/2024 and soon thereafter a Civil Miscellaneous Petition was filed which is still pending consideration. In view of the cause shown in the affidavit accompanying the application, delay is condoned. I.A.No.1/2025 is allowed. The appeal is taken up for admission.

(3.) The above suit is filed by the plaintiffs- respondents herein for partition and separate possession for their 1/4th share in the suit schedule properties contending inter alia that one Lalsab Kadake was the owner of suit properties, namely, house bearing VPC No.127/G and land bearing Sy.No.342/2 measuring 4 acres 6 guntas situated at Ukkali village.