ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)

1. These appeals are directed against the common judgment and decree dated 15.11.1999 passed in OS No.696/1989 (old O.S. No.64/1985) and in OS No.795/1989 (old O.S. No.218/1986) on the file of Principal Civil Judge (Jr.Dn.), Dharwad (for short, ‘Trial Court’) and the common judgment and order dated 27.02.2013 passed in regular appeals in RA Nos.147/2009 and 148/2009 on the file of Fast Track-I, Dharwad (for short, ‘First Appellate Court’).

2. Subject matter of the aforesaid suits are the properties bearing Block No.31/2 measuring 3 acres 6 gutnas and Block No.62 measuring 9 acres 5 guntas both situated at Allapur also known as Somapur village, Dharwad Taluk.

3. Suit in OS No.696/1989 is filed by Dyamappa against his sisters Smt. Maritangewwa and Smt. Laxmavva and one Sri. Malateshwar Malagi who is stated to be a chairman of one Sanchalaka Bharati Vishwaseva Sadan, seeking relief of declaration to declare him having succeeded as a sharer to the aforesaid properties after the demise of his brother Kareppa and consequential relief of injunction, contending inter-alia that:

(a) The aforesaid properties were being cultivated as a