PRABHAVATI AND ORS. Vs. MANDAKINI

JUDGEMENT

(1.) Defendants in O.S. No. 889/1993 have preferred this appeal, assailing judgment and decree passed in R.A. No. 206/2012 (originally R.A. No. 237/2008) dated 20.11.2015 by X Additional District and Sessions Judge, Belagavi. By the said judgment and decree the appeal was held to be not maintainable and, therefore, dismissed.

(2.) For the sake of convenience, parties shall be referred to, in terms of their status before the trial Court.

(3.) Briefly stated the facts are that, appellant No. 1 herein had filed O.S. No. 734/1993 seeking the relief of permanent injunction restraining defendants or their agents or anybody acting through them from disturbing her peaceful possession and enjoyment of property, on the premise that she was the absolute and exclusive owner of said property. Respondent No. 1 herein was the defendant in that suit. Respondent No. 1 filed O.S. No. 889/1993 seeking a direction to defendants in that suit to deliver possession of suit property to her. Both the suits were consolidated together and tried together and common judgment and decree dated 25.10.2008 was passed by trial Court. Having regard to the nature of judgment passed by First Appellate Court, it is not necessary to go into the factual aspects of the matter except culling out the issues in two suits. In O.S. No. 734/1993 the following issues and additional issues were framed :