(1.) By virtue of the order passed by the Hon'ble the Chief Justice, RSA No.5926/2011 is tagged with RFA No.3057/2011 and ordered that both these appeals shall be heard by the learned Single Bench having roster of RFA. Therefore, the above said RSA No.5926/2011 is tagged with RFA No.3057/2011. Hence, both the appeals are taken up together for common judgment.
(2.) RFA No.3057/2011 is filed by the appellants/plaintiffs challenging the judgment and decree passed in O.S.No.37/2005 dtd. 5/3/2011 on the file of Senior Civil Judge, Bailhongal (for short, 'Trial Court'), thereby, the suit filed for partition and separate possession is dismissed.
(3.) RSA No.5926/2011 is filed by the appellant/plaintiff challenging the judgment and decree dtd. 18/7/2009 passed in O.S.No.79/2004 on the file of Principal Civil Judge (Jr.Dn), Bailhongal (for short, 'Trial Court'), which is confirmed by the judgment and decree dtd. 27/7/2011 passed in R.A.No.25/2009 on the file of the Presiding Officer, Fast Track Court, Bailhongal (for short, 'First Appellate Court').