H. S. SREEDHARA RAO Vs. H. N. SREENIVASAPPA

JUDGEMENT

(1.) This appeal by the plaintiff/appellant is directed against the judgment and decree passed by the learned Presiding Officer, Fast Track Court II, Shimoga on 20/07/2006 in Regular Appeal No.314/2004, wherein, the appeal came to be dismissed, thereby confirming the judgment and decree passed by the learned Munsiff, Sagar, dated 03/01/1995 in O.S.No.50/1993.

(2.) In order to avoid confusion and overlapping, the parties are addressed in accordance with their rankings as stood before the trial Court.

(3.) Suit in O.S.No.50/1993 was filed by the plaintiff before the trial Court seeking partition and separate possession of the joint family properties against the defendants claiming that the suit schedule properties belong to joint family comprising of plaintiff and defendants. On contest, learned trial Judge found that the suit was devoid of merits and dismissed the same with costs and the connected regular appeal in R.A.No.314/2004 which is challenged in this second appeal also came to be dismissed by the first Appellate Court.