DAS MANIK S/O HANUMANTHA RAO KULKARNI AGED ABOUT 55 YEARS AGRICULTURIST, R/O AINOLI VILLAGE CHINCHOLI TALUK GULBARGA DISTRICT Vs. LAXMAN RAO S/O AUDHTABAWA RAMDAS AGED ABOUT. 58 YEARS POOJARI OF HANUMAN TEMPLE, AINOLI VILLAGE, CHINCHOLI TALUK GUIBARGA DISTRICT

JUDGEMENT

(1.) The appellant is the plaintiff in O.S.No.84/1990. The suit in question was filed for declaration of ownership, possession and consequential relief of permanent injunction. The trial Court by its judgment dated 22.01.1997 had decreed the suit. The first defendant claiming to be aggrieved by the same filed an appeal in R.A.No. 165/2002. The Lower Appellate Court by its judgment dated 26.05.2005 has allowed the appeal, set aside the judgment of the trial Court and dismissed the suit. The plaintiff therefore claiming to be aggrieved by the same, is before this Court in this second appeal under Sec. 100 of the Civil Procedure Code.

(2.) This Court, while admitting the appeal on 18.02008 has framed the following substantial question of law for consideration:

(3.) For the purpose of convenience and clarity, the parties would be referred to in the same rank as assigned to them before the trial Court.