IRAPPA Vs. ARJUN

JUDGEMENT

(1.) The appeal is directed against the judgment and decree in RA No.14/2002 wherein, the appeal was allowed and the judgment and decree passed in OS No.37/1999 by the learned Prl. Civil Judge (Sr.Dn.), Vijayapur was set aside and the suit of the plaintiffs in OS No.37/1999 is decreed by holding that the judgment and decree passed in OS No.131/1996 does not bind the plaintiffs as it is a decree obtained by practice of fraud and that the plaintiffs are lawful owners in possession and enjoyment of the suit schedule property in RS No.126.

(2.) In order to avoid confusions and overlapping, the parties are referred in accordance with the status and ranking held by them before the trial Court.

(3.) This is the defendants appeal, as in the first appeal in R.A.No.14/2002 suit that was dismissed was set aside and the appeal came to be allowed resulting in the suit of the plaintiffs in OS No.37/1999 is decreed in favour of the plaintiffs. It is in respect of property bearing RS.No.126.