Document Fragment View
Fragment Information
Showing contexts for: HAVERI in Palakshagouda S/O Tirakanagouda vs Puttappa S/O Veerappa Chikkanandi @ ... on 5 April, 2024Matching Fragments
The present Miscellaneous Second Appeal is filed under Order 43 Rule 1 (u) of the Code of Civil Procedure1 to set aside the judgment and decree dated 25.10.2018 passed in R.A. No.12/2007 by the I Addl. District and Sessions Judge, Haveri2 and to confirm the judgment and decree dated 27.1.2007 passed in O.S. No.56/1986 by the Addl. Civil Judge (Sr.Dn.) and JMFC., Haveri.
hereinafter referred to as 'CPC' hereinafter 'first appellate Court'
2. The parties will be referred to as per their rank before the Trial Court for the sake of convenience.
"1. Whether the defendants prove that the plff's suit is bared by res-judicata in view of the decision in O.S. 56/69 on the file of the Munsiff, Haveri and R.A. 21/73 dated 22.4.83 on the file of Civil Judge, Haveri and RSA No.696/83 dated 15.7.84?
2. Whether defendants 1 to 4 prove that the deceased Basavanneppa has executed a Will on 15.12.1976 and is it his last and valid Will as alleged in para 5 of the Written Statement of defendants 1 to 4?
(emphasis supplied)
25. The Trial Court consequent to the pleadings of the parties, framed 13 issues. Issue No.1 was with regard to res judicata which is as follows:
(2013) 15 SCC 655
1. Whether the Defendants prove that the plaintiff's suit is barred by res judicata in view of the decision in O.S. No.56/69 on the file of the Munsiff, Haveri and R.A. No.21/73 dt. 22.04.1983 on the file of Civil Judge, Haveri and RSA No.696/83 dtd.
(iii) In O.S. No.56/1969, the suit properties were R.S. No.242/1+2 measuring 15 acres situated at Hombaradi Village, Haveri Taluk and house property with backyard bearing VPC No.41 of Hombaradi Village Haveri. In the present suit also it is the same suit property.
(iv) As could be seen from the plaint in O.S. No.56/1969 (Ex.D6), the Plaintiffs have contended the suit properties were the joint family properties of Veerappa and his father Basavanneppa. That the said Veerappa who is the father of Plaintiff Nos.1 to 3 and husband of plaintiff No.4 were addicted to bad habits and he is not looking after his minor children and wife and had not made any provision for their maintenance. That Relinquishment Deed executed by Veerappa on 03.06.1959 in favour of his father Basavanneppa was illegal, null and void and not binding on the plaintiffs. That it was the contention of the Defendants in the Written Statement filed in the said suit (Ex.D7) that Veerappa has relinquished his share in favour of his father vide Relinquishment Deed dated 03.06.1959 and after the Plaintiff Nos.1 to 3 were born, they do not have any right over the suit properties.