BHIMAVVA AND ANOTHER Vs. KRISHNABAI AND OTHERS

JUDGEMENT

(1.) This appeal is by the plaintiffs in O.S. No. 36 of 1999 on the file of Civil Judge (Senior Division), Hukkeri. The suit was instituted to pass a decree of declaration and for passing decree(s) of permanent and mandatory injunctions. Written statement was filed by defendant 1 and the same was adopted by the other defendants. Ten issues were raised. The parties adduced evidence. The Trial Court decreed the suit in part, entitled the plaintiffs 1 and 2, to ⅙th share each, in the suit schedule properties. The prayer at columns (a), (c) and (d) of the plaint was dismissed.

(2.) Feeling aggrieved, the plaintiffs filed R.A. No. 67 of 2008 on the file of District Court at Belgaum. I.A. No. V was filed, under Order 41, Rule 27 read with Sec. 151 of Civil Procedure Code, 1908, to accord permission to produce additional documents and additional evidence. The lower Appellate Court having dismissed the appeal, this second appeal was filed.

(3.) Perused the record. The substantial question of law for consideration is: