SHRI SOMASHEKAR WALI Vs. SRISHAIL

JUDGEMENT

(1.) These appeals are heard and disposed of together as they arise out of the same suit.

(2.) These appeals which were pending before a learned single Judge of this court are posted before this bench on account of the fact that there was a suit for partition as between the brothers of the appellant herein and other family members. The plaintiff in this suit had got himself impleaded in the said suit as Defendant no.11. One of the issues in that suit, in view of the contest by the plaintiff herein, was whether the item of land (which is the subject of this suit) standing in the name of the appellant was his self acquired property or was purchased in his name with joint family funds. Though the suit for partition was decreed in respect of other items of land in so far as the male members were concerned, the female heirs were denied any share and the particular item of land, which is also the subject matter of the said suit is concerned was held to be the self acquired property of the appellant. Hence, four separate appeals were filed by the plaintiffs and the defendants in RFA 6001/2012 & connected cases. As the finding in respect of land bearing RS no.652/2 of Mahalbhagayath, Bijapur taluk, has a direct bearing on the plaintiff's interest, these appeals were heard together with those appeals.

(3.) The appeal in RSA 7214/2013 is admitted to hear on the following substantial questions of law as to whether the appellant could maintain a single appeal in respect of the decree in favour of the plaintiff and the dismissal of the counter claim of the appellant herein.