BASWARAJ Vs. MADEVI

JUDGEMENT

(1.) Heard learned Advocates for the parties on admission of the appeal.

(2.) The appellant/original plaintiff has filed this Second Appeal against dismissal of his Regular Civil Appeal No. 202 of 2012 by the Adhoc District Judge-1, Latur, confirming the order dated 22.07.2010 passed below Exh.25 in Special Civil Suit No.102 of 2004, holding that said Court/Civil Court has no jurisdiction to try and entertain said suit, by answering preliminary issue framed in this respect in the negative and ultimately dismissing the said suit on the same day as per order below Exh.1. The parties are hereinafter referred to as per their position in the suit.

(3.) One deceased Virbhadrappa - husband of defendant No.1 and father of defendant Nos. 2 to 5 was elder brother of the plaintiff. The plaintiff filed suit for partition, separate possession and injunction against the defendants in respect of one residential plot and building thereon bearing CTS No.4094, Municipal Council House No.1-R/212, admeasuring 2925 sq.ft. situated at Old Adarsh Colony, Latur, which is hereinafter referred to as the "suit property".