LAKKAMMA Vs. B KODAPPA

JUDGEMENT

(1.) Concurrent findings are called in question by filing an appeal under Section 100 of CPC.

(2.) Appellants are plaintiffs in O.S.No.224/1993 pending on the file of the II Additional Civil Judge (Jr.Divn.), Bangalore Rural District. It was a suit filed for the relief of declaration of title and permanent injunction on the ground that there was a partition between the plaintiffs and defendants. The said suit came to be dismissed after contest. Against the said judgment and decree, an appeal was filed in terms of Section 96 of CPC. The said appeal was withdrawn and transferred to the Court of FTC-V, Bangalore Rural District, Bangalore. The said appeal is also dismissed after contest. It is these concurrent findings which are called in question on various grounds as set out in the appeal memo.

(3.) There are in all 6 items of immovable properties in the schedule appended to the suit filed for the relief of declaration of title and permanent injunction. Item Nos.1 and 2 are the residential houses and Item Nos.3 to 6 are agricultural lands.