T C RANGANATH Vs. H P JAYACHANDRA

JUDGEMENT

(1.) THIS second appeal has a chequered history behind it and it is coming back to this Court in the second round. The second round of second appeal is due to the reason this Court had passed the following order in the first round of second appeal:

(2.) UNDER the said circumstances, the matter went back to the lower appellate Court. The lower Appellate Court in order to implement the directions issued by this Court appointed one T. C. Chikkahanumaiah, assistant Executive Engineer, National Highway Sub-Division, Hassan, as the Court Commissioner to' submit the report in the appeal and the commissioner on taking actual measurements in the sport inspection conducted on 27. 10. 2001 submitted his report dated 30. 10. 2001 along with the sketch indicating the factual position on the land in question as to which of the parties was in possession of what extent of land or buildings which are all included in terms of the sketch wherein the actual measurements were mentioned and which was described to be self explanatory as part of the report. It is thereafter the learned Judge of the lower Appellate Court formulated the following points for determination: 1. What is the total extent of the property of H. D. Parswanathaiah and B. K. S. Naidu? 2. If the Commissioner's report is accepted, what would be the measurements of the properties of H. D. Parswanathaiah and B. K. S. Naidu? 3. Whether plaintiffs are entitled for declaration? If so, to what extent? 4. What order? having answered the first point to be that the extent of property of the parties is 36 ft. x 11 inches and having answered the second point in the affirmative so also third point in the affirmative has in terms of the impugned judgment allowed that appeal in part by judgment and decree of the Trial Court which had dismissed the suit and instead decreed the suit to the following effect:

(3.) IT is aggrieved by this judgment and decree, defendants in the original Suit has come to this Court in second appeal, though by himself in the first round, the subject-matter of the appeal itself is coming before this Court in the second round as indicated above as plaintiff had come up before this Court in the first round of the second appeal.