CHANDRASHEKHAR MAHADEVAPPA ARER ALIAS KADAM Vs. FAKKIRAGOUDA THIPPANA GOUDA PATIL

JUDGEMENT

(1.) This is an appeal filed by the defendants of O.S. No. 206 of 2000 being aggrieved by the concurrent judgments passed in O.S. No. 206 of 2000 and R.A. No. 87 of 2003. Parties will be referred to as plaintiffs and defendants as per their ranking given in the Trial Court. Plaintiffs had filed a suit for the relief of declaration and possession against the defendants in respect of a house property as described in the schedule appended to the plaint. The said suit was contested by the defendants and ultimately suit was decreed on 9-12-2002. Against the said judgment and decree, an appeal came to be filed under Section 96 of Civil Procedure Code, 1908 before the II Additional Civil Judge (Senior Division), Dharwad in R.A. No. 87 of 2003.

(2.) Several grounds had been raised in the appeal. There was no delay in filing the appeal by the defendants. Inspite of that, the learned Judge of the First Appellate Court has chosen to dismiss the appeal as time barred on 26-11-2007. Looking to the grounds raised in this appeal memo, the following substantial question of law is framed by this Court on 10-1-2014:

(3.) Learned Counsel for the appellant is present and has advanced his arguments. Counsel for respondents is absent.