SHRI DYNESHWAR KHIRU GHADI Vs. SMT. RAMAKKA

JUDGEMENT

(1.) This is plaintiff's second appeal filed under section 100 of Code of Civil Procedure challenging the judgment and decree dated 30.10.2014, passed by the Presiding Officer, Fast Track Court-I and Addl. District and Sessions Judge, Belgaum, Itineration at Khanapur ('the first appellate Court' for short) in R.A. No. 424/2010, whereby the judgment and decree dated 30.11.2010 passed by the Senior Civil Judge, Khanapur ('the trial Court' for short) in O.S. No. 126/2008 is confirmed.

(2.) For the sake of convenience, the parties are referred to as per their status before the trial Court.

(3.) Plaintiff preferred O.S.No.10/2002 against the defendant initially in the Court of Civil Judge (Jr.Dn.), Khanapur for the relief of declaration and consequential relief of permanent injunction. The Civil Judge (Jr.Dn.), Khanapur returned the plaint for its presentation before the competent Court for want of pecuniary jurisdiction. Hence, the plaint was presented before the trial Court and got renumbered as O.S.No. 153/2005. The Civil Judge (Jr.Dn.), Khanapur had recorded the evidence of witnesses PW1 and DW1. At the evidence stage, the plaint was returned to present the same before the competent Court. After return of plaint, the defendant did not examine any witnesses whereas plaintiff examined two witnesses as PW2 and PW The trial Court by judgment and decree dated 30.11.2010 dismissed the suit. Plaintiff being aggrieved by the same, preferred appeal before the first appellate Court in R.A.No.424/2010, which came to be dismissed. Hence, this second appeal.