SRIDHARA AND ORS. Vs. SHEIK MAZAR AND ORS.

JUDGEMENT

(1.) The present appeal filed under Section 100, C.P.C. is directed against the divergent judgment and decree passed by the first appellate court, i.e. Civil Judge (Senior Divn.) and Addl. CJM at Arsikere, in R.A.76/03. Appellants herein were defendants 3 and 4 in an original suit in O.S.187/94 filed by the 3rd respondent herein as plaintiff for the reliefs of declaration and possession.

(2.) Sheik Majar was the 1st defendant in O.S.187/94 and he died during the pendency of the suit. Hence his legal representatives were brought on record. The 2nd respondent herein was the 3rd defendant in the said suit and the 3rd respondent herein was the sole plaintiff represented by his paternal grandmother-Rukiyabi as he was a minor.

(3.) Parties will be referred to as plaintiff and defendants as per their ranking before the trial court. The facts leading to the filing of the present appeal are as follows: