APPARAYA Vs. SHIVARAYA

JUDGEMENT

(1.) These appeals are filed impugning the common judgment dated 29.03.2006 in R.A.No.136/2004 and 165/2004 on the file of the IV-Fast Track Court, Gulbarga. These appeals are filed by the plaintiff in the suit in O.S.No.871/1991 on the file of the II-Additional Civil Judge (Jr.Dn.) at Gulbarga. For convenience, the parties are referred to as they are arrayed in the plaint. The plaintiff's suit in O.S.No.871/1991 is for the following:

(2.) The trial Court partly decreed the suit in O.S.No.871/1991 vide its judgment dated 25.09.1999 declaring that the plaintiff was the absolute owner of the disputed portions of the land in Sy.No.36/3 of Melkunda (B) Village, Gulbarga Taluk and he was entitled for possession thereof. The trial Court directed the defendant to remove certain constructions alleged put up by the defendant in the encroached portions. But, the Trial Court dismissed the suit as regards the prayers for declaration that the land in Sy.No.36/2 of Melkunda (B) Village, Gulbarga Taluk was the common property and for injunction against interfering with the plaintiff's right to draw water from the Well therein.

(3.) As such, the plaintiff and the defendant filed their respective first appeals that were numbered as R.A.Nos.136/2004 and 165/2004 after being transferred to the Court IV Fast Track Court, Gulbaraga. The appellate Court dismissed the plaintiff's appeal in RA No. 165/ 2004 as against the Trial Court's rejection of the prayer for declaration that the land in Sy.No.36/2 of Melkunda (B) Village, Gulbarga Taluk was common property and for injunction. But, the appellate Court allowed the defendant's appeal in RA No. 136/2004. The appellate Court set aside the grant of the decree of declaration of ownership and possession of the disputed portions of the land in Sy.No.36/3 of Melkunda(B) village, Gulbarga Taluk. As such, there are two appeals by the plaintiff before this Court.