UMILA POOJARY Vs. KARIYA POOJARY AND ORS.

JUDGEMENT

(1.) This appeal is by the 7th defendant in O.S. No. 70/2007, on the file of Prl. Civil Judge (Jr. Dn.), Karkala. Respondent No. 1 instituted the said suit against the appellant and respondent Nos. 2 to 34 to pass a decree of partition and separate possession in respect of the suit schedule property. Written statement having been filed, 15 issues were raised. Plaintiff got himself examined as PW -1 and marked 22 documents as Exs. P1 to P22. 19th defendant and 7th defendant got examined themselves as DWs 1 and 2 respectively. Four documents produced were marked as Exs. D1 to D4. After hearing the arguments, by a Judgment dated 18.01.2008, the suit was decreed and the plaintiff was held entitled to 1/34th share in the plaint 'A' schedule properties. The defendant Nos. 1 to 32 were held entitled to 1/34th share each and defendant Nos. 33 and 34 were held entitled to 1/68th share each in plaint schedule property. In so far as issue Nos. 4 and 12 were concerned, they were reserved for consideration in the final decree proceedings.

(2.) Defendant No. 7, feeling aggrieved by the said preliminary decree, filed R.A. No. 12/2008 in the District Court at Udupi. The appeal was assigned to the Presiding Officer of Fast Track Court at Karkala. By a Judgment dated 24.03.2011, the appeal was dismissed. Assailing the said Decrees, this second appeal was filed.

(3.) Main contention of Sri Vijay Krishna Bhat M., learned advocate for the appellant is, that the Judgment passed in R.A. No. 12/2008 by the lower Appellate Court falls short of the requirement in Rule 31 of Order 41 CPC. He submitted that despite several grounds having been raised in the appeal memorandum and also urged for consideration, the lower Appellate Court did not raise the relevant points for consideration and without appreciation of the record of the suit has dismissed the appeal.