MURUDAVVA Vs. VEERANAGOUDA

JUDGEMENT

(1.) All these appeals are arising out of a common judgment passed by the Civil Judge (Sr.Dvn.) & Principal JMFC, Ranebennur, pertaining to two suits in OS No.28/1996 and OS No.5/1997 dated 15.10.2014.

(2.) Rfa No.1414/2004 and RFA No.1415/2004 are filed by Sri Murudavva who is the plaintiff in OS No.28/1996 and defendant No.1 in OS No.5/1997. These two appeals are filed challenging the dismissal of the suit in OS No.28/1996 and decreeing the suit in OS No.5/1997 respectively. The other two appeals i.e., RFA No.127/2005 and RFA No.135/2005 filed by defendant No.4 in both the above said suits calling in question the dismissal decree passed in OS No.28/1996 and decreeing the suit in OS No.5/1997. As all the appeals are filed questioning the common judgment, they are heard together and a common judgment is passed in these appeals. There is no necessity for the court to go in detail meticulously the pleadings of the parties in both the suits. It would suffice to say that the averments made by the plaintiff in OS No.28/1996 are almost similar to that of the defence taken-up by her in OS No.5/1997 as defendant No.1. Likewise, the averments made by the plaintiff in OS No.5/1997 are almost similar as that of the written statement filed by him in OS No.28/1996. The appellant Smt. Sharadamma in RFA No.127/2005 and in RFA No.135/2005, who is arrayed as defendant No.4 in both OS No.28/1996 and 5/1997, in fact has not filed any written statement in O.S. No.28/1996, but adopted the written statement filed by Defendant No.1 in O.S. No.5/1997. But, she has challenged the judgment on various grounds which will be considered little later.

(3.) The case of the plaintiff in OS No.28/1996 (hereinafter referred to as 'Plaintiff') and as well as the defence taken up by her as defendant No.1 in OS No.5/1997 are as follows: