FAKKIRAPPA Vs. DAYANAND, S/O ANANTRAO PATIL

JUDGEMENT

(1.) The present petition has been filed by the petitioner/appellant praying this Court to review the judgment dated 07.03.2014 passed in RSA No.5222/2009 and thereby dismiss the judgment and decree dated 19.12.2008 passed in R.A.No.141/1998 by the Principal Civil Judge (Sr.Dn.), Hubballi and consequently upheld the decree dated 31.08.1998 passed in O.S.No.601/1993 by the III Addl. Civil Judge (Jr.Dn.), Hubballi..

(2.) I have heard Sri. S. M. Kalawad, learned counsel for the petitioners and Sri. Sunil S. Desai, learned counsel for the respondents.

(3.) The gist of the case are that, petitioners/plaintiffs filed a suit in O.S.NO.601/1993 for declaration that they are the owners of the suit schedule property by virtue of registered sale deed and registered Will and also sought for consequential relief of permanent injunction in respect of the suit schedule property bearing CTS No.2981 of Hubballi City measuring 110x30 sq.ft. The Court below decreed the suit after considering the evidence and materials placed on record. Assailing the same the defendants preferred R.A.No.141/1998. The first Appellate Court also dismissed the appeal by confirming the judgment and decree passed by the trial Court. Against the said order, the defendant/respondent preferred RSA No.146/2000 before this Court. After hearing the parties, this Court allowed the appeal and remanded the matter back to the first Appellate Court with a direction to record additional evidence and to dispose of the matter in accordance with law. Thereafter, the first Appellate Court after rehearing the petition allowed the appeal by setting aside the judgment and decree passed in O.S.No.601/1993. Against the said judgment of the first Appellate Court, the present petitioners preferred RSA No.5222/2009. This Court after hearing both sides, by the judgment dated 07.03.2014 dismissed the said appeal.