GIRISH ADIGA Vs. MAHABALESHWARA ADIGA AND ORS.

JUDGEMENT

(1.) "Whether the judgment and decree passed by this Court in R.S.A.No.626/2002 c/w R.S.A.No.627/2002 on 25.06.2008 suffer error apparent on the face of the record causing injustice to the petitioner?" is the question involved in this case.

(2.) Petitioner filed the regular second appeals before this Court in R.S.A.No.626/2002 and R.S.A.No.627/2002 against the respondents. Petitioner and respondent Nos.6 to 9 in R.S.A.No.626/2002 and respondent Nos.1 to 4 in R.S.A.No.627/2002 are the legal heirs of Padmanabha Adiga. Respondent Nos.1 to 5 in R.S.A.No.626/2002 and respondent Nos.5 to 9 in R.S.A.No.627/2002 are the legal heirs of Koteshwara Adiga. Respondent Nos.10 to 12 in R.S.A.No.627/2002 were the tenants of the disputed properties.

(3.) The subject matter of the suit in O.S.No.177/1988 in respect of which R.S.A.No.626/2002 arose were the lands bearing survey No.302/12 measuring 0.38 acres, survey No.304/11 measuring 0.20 acres, survey No.302/15 measuring 0.20 acres, survey No.306/7 measuring 0.90 acres and survey No.303/11 measuring 0.07 acres.