LAWS(KAR)-2017-4-56

BASAVANTHAPPA Vs. BASAVANNEPPA

Decided On April 19, 2017
Basavanthappa Appellant
V/S
Basavanneppa Respondents

JUDGEMENT

(1.) These two appeals have been filed challenging the common judgment and decree dated 23-7-2005 in O.S. Nos. 1 and 31 of 1995 on the file of Senior Civil Judge, Ranebennur. RA No. 118 of 2005 was filed in the Court of District Judge, Haveri. By virtue of order passed by this Court in C.P. No. 28 of 2006, RA No. 118 of 2005 was withdrawn from the Court of District Judge, Haveri for being decided along with REA No. 1275 of 2005. RA No. 118 of 2005 has been renumbered in this Court as REA No. 100106 of 2017.

(2.) The appellants in REA No. 1275 of 2005 are the plaintiffs in O.S. No. 1 of 1995. The appellants in REA No. 100106 of 2017 are defendants 1, 4 and 5 in O.S. No. 31 of 1995. The case pleaded by the parties before the Trial Court has been summarised as below.

(3.) The subject-matter of the suit O.S. No. 1 of 1995 is 01.26 acres of land out of 4.37 acres in Re-survey No. 47/2/A+B+C+D:1 of Puratkeri Village, Hirekerur Taluk, Haveri District (referred to as suit property). In O.S. No. 31 of 1995, the properties involved are the said agricultural land and a house property described in Schedules A and B of the plaint.