The

captioned

regular

second

appeal

No.200171/2015 is filed by defendant No.2 in

O.S.No.211/2000 questioning the concurrent findings

of the Courts below in declaring that the plaintiffs are

the absolute owners of the suit land bearing

Sy.No.424/1 measuring 3 acres 37 guntas of Hadagali

village.

2.

For the sake of convenience, the parties

are referred to as per their rank before the trial Court.

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3.

The short point that needs consideration at

the hands of this Court is as to how defendant No.2,

who has not questioned the judgment and decree

passed in O.S.No.211/2000 can maintain a second

appeal before this Court. As two connected appeals

are filed before this Court, which are intertwined and

therefore, to have clarity about the facts of both the

cases, I deemed it fit to cull out the family tree which

as under:

Rayappa

Kallappa

Dhulappa

Dundawwa

Shantabai

(1^st Wife)

(2^nd Wife)

Tipparaya

Shrishail

(Plaintiff) (Deft.No.1)

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4.

The plaintiffs in O.S.No.211/2000 have

filed a suit against defendant Nos.1 and 2 namely

Tipparaya and Shrishail claiming title on the basis of

registered sale deed dated 14.04.1967 exe