RAMAKRISHNAPPA Vs. K.M. ANJINAPPA AND ORS.

JUDGEMENT

(1.) The plaintiff has filed this appeal. O.S.No.252/1993 filed in the Court of Prl. Civil Judge (Jr.Dn.) at Malur, to pass a decree of declaration that the sale transaction of the suit property between the defendants is not binding on the plaintiff and for grant of perpetual injunction against the defendants, specifically to perform the decree passed in O.S.No.25/1989 and for execution of the sale deed and put him in full possession having been dismissed, R.A.No.257/2005 was filed in the Court of Civil Judge (Sr.Dn.), at Kolar. The II Additional Civil Judge (Sr.Dn.), Kolar, itinerating at Malur, having dismissed the appeal, this second appeal was filed.

(2.) For the sake of convenience, the parties in this appeal will be referred to as the plaintiff and the defendants i.e., in the rank in which they stood in the Trial Court.

(3.) The plaintiff and the defendant No.1 are brothers. The plaintiff had filed O.S.No.25/1989 in the Court of Munsiff at Malur, against his brother, the first defendant and his father Sri Chinnappaiah @ Erappa, to pass a decree and declare that the registered partition deed dated 30.09.1980 is void and for restraining the defendants from alienating the 'C' Schedule property. By a decree dated 20th April, 1993 (Ex.P1), the claim made that the first defendant has no right over the said 'C' Schedule property was dismissed. However, it was decreed that the first defendant shall not sell the said property without notifying the plaintiff.