PRAKASH Vs. JANABAI

JUDGEMENT

(1.) Heard. Rule, Rule made returnable forthwith. Heard finally with the consent of the parties.

(2.) This Civil Revision Application is filed by the original plaintiff, challenging the Judgment and Order dated 14-03-2011, passed by the Jt. Civil Judge, Junior Division, Kannad, in Regular Darkhast No. 38 of 2004.

(3.) The respondent herein who is original plaintiff filed R.C.S. No. 33 of 2001 for relief of permanent injunction and declaration of partition deed as not binding on decree holder along with relief of declaration of ownership. The Trial Court decreed R.C.S. No. 33 of 2001, on 05-08-2002. The original defendant has filed Regular Civil Appeal No. 219 of 2002 before the Appellate Court. The Appellate Court dismissed the appeal, vide its order dated 29-011-2003, and confirm the decree passed by the Trial Court. There was another suit R.C.S. No. 117 of 2003, which was filed by original defendant No. 2 against plaintiff, and same suit was also dismissed on 22-06-2006. Thereafter, Second Appeal was filed by the original defendants, and this Court did not entertain the Second Appeal, as the delay for filing Second Appeal was not condoned. For taking possession of suit property, the Original plaintiff has filed Regular Dharkhast No. 38 of 2004. The said Regular Dharkhast No. 38 of 2004 came to be allowed by the Jt. Civil Judge, Junior Division, Kannad. It is directed that the Original defendant No. 1 i.e. Prakash S/o Bala Dubele and original defendant No. 2 i.e. Sandeep S/o Bala Dubele be detained in civil prison for a period of one month. Being aggrieved by the same the original defendant Nos. 1 & 2 have filed this Civil Revision Application.