Judgement

PALEKAR, J.:- These are appeals by the plaintiffs on a certificate granted by the High Court of Mysore which, in Regular Appeals Nos. 120 and 121 of 1956, modified the decree of the learned District Judge, Mysore in Original Suit No 4 of 1954. The suit was originally filed by one District Judge, Bangalore, on 29th March, 1948. It was then numbered as Original Suit No. 61 of 1947-48. Nagappa Setty died on 20th February, 1949. His heirs and legal representatives were brought on record any they prosecuted the suit and the appeals. For administrative reasons, the suit was transferred to the file of the District Judge, Mysore in 1954 and there it was renumbered as O. S. No. 4/1954. That Court only partially decree the plaintiff s claim. Aggrieved by that decree. both sides went in appeal to the High Court of Mysore. These appeals were R. A. Nos. 120 and 121 of 1956. A Division Bench of the High Court heard these appeals together and, by a common judgment, modified the decree of the trial Court by its judgment and decree dated 9th July, 1962. The plaintiffs filed two applications for the grant of the certificate under Art. 133 of the Constitution. Since two certificates were gra