1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 4^TH DAY OF OCTOBER 2016

BEFORE

THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA

REGULAR SECOND APPEAL No.7109/2009

BETWEEN:

BASHUMIYAN S/O FAKIRSAAB

AGED ABOUT 52 YEARS

OCC: AGRICULTURE

R/O HARSOOR

TQ. AND DIST. GULBARGA- 585 102

…APPELLANT

(BY SRI. APPARAO SUGOOR, ADVOCATE)

AND:

1.

MASTAANSAAB

S/O RAIJODDIN

AGED ABOUT 41 YEARS

OCC: PRIVATE SERVICE

R/O HARSOOR

TQ. AND DIST. GULBARGA

2.

YESHWANTH RAO

S/O SHANKARAPPA KOLLUR

AGED: 48 YEARS

OCC: AGRICULTURE

R/O HARSOOR

TQ. AND DIST. GULBARGA- 585 102

…RESPONDENTS

(BY SMT. MAYA T. ADVOCATE FOR R2

APPEAL DISMISSED AGAINST R1)

2

THIS RSA IS FILED UNDER SECTION 100 OF CPC

PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED

20.02.2009 PASSED IN R.A. NO.63/2008 ON THE FILE OF THE

II ADDL. CIVIL JUDGE (SR.DN.) AT GULBARGA DISMISSING

THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE

DATED 01.07.2008 PASSED IN O.S. NO.987/1989 ON THE FILE

OF THE III ADDL. CIVIL JUDGE (JR.DN.) AT GULBARGA.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY,

COURT DELIVERED THE FOLLOWING:

JUDGMENT

The plaintiff in O.S.No.987/1989 has preferred this

regular second appeal, assailing judgment and decree

passed