R.S.A. NO.6165/2012

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IN THE HIGH COURT OF DHARWAD BENCH

DATED THIS THE 3 RD DAY OF DECEMBER 2014

BEFORE

THE HON’BLE MR. JUSTICE H.G.RAMESH

REGULAR SECOND APPEAL NO.6165/2012

BETWEEN

1. SHIDRAM S/O SHIVAPPA BANAJ, AGE: 55 YEARS, OCC: AGRICULTURIST, R/O: NANDIKURALI, TQ: , DIST: 591317.

2. NAGAPPA S/O SHIVAPPA BANAJ AGE: 51 YEARS, OCC: AGRICULTURIST, R/O: NADIKURALI, TQ: RAIBAG, DIST: BELGAUM 591317.

3. MAHADEV S/O SHIVAPPA BANAJ, AGE: 49 YEARS, OCC: AGRICULTURIST, R/O: NADIKURALI, TQ: RAIBAG, DIST: BELGAUM 591317.

4. MARUTI S/O SHIVAPPA BANAJ, AGE: 44 YEARS, OCC: AGRICULTURIST, R/O: NADIKURALI, TQ: RAIBAG, DIST: BELGAUM 591317.

5. GANGAPPA S/O SHIVAPPA BANAJ, AGE: 39 YEARS, OCC: AGRICULTURIST, R/O: NADIKURALI, TQ: RAIBAG, DIST: BELGAUM 591317.

... APPELLANTS

(BY SRI. NARAYAN V. YAJI, ADV.) R.S.A. NO.6165/2012

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AND

1. SADASHIV S/O BHIMA BANAJ, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: NANDIKURALI, TQ: RAIBAG, DIST: BELGAUM 591317.

2. GANGAVVA W/O SHIVAPPA METRI, AGE: 29 YEARS, OCC: AGRICULTURE, R/O: NANDIKURALI, TQ: RAIBAG, DIST: BELGAUM 591317.

3. MALLAPPA S/O RAMA BANAJ, AGE: 59 YEARS, OCC: AGRICULTURE, R/O: NANDIKURALI, TQ: RAIBAG, DIST: BELGAUM 591317.

4. SAVITRI W/O KRISHNAPPA BANAJ, AGE: MAJOR, OCC: AGRICULTURE, R/O: NANDIKURALI, TQ: RAIBAG, DIST: BELGAUM 591317.

5. LAXMAN S/O KRISHNAPPA BANAJ, AGE: MAJOR, OCC: AGRICULTURE, R/O: NANDIKURALI, TQ: RAIBAG, DIST: BELGAUM 591317.

6. BEBAKKA W/O LAXMAN KHILARE, AGE: MAJOR, R.S.A. NO.6165/2012

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OCC: AGRICULTURE, R/O: NANDIKURALI, TQ: RAIBAG, DIST: BELGAUM 591317.

7. PRAKASH S/O KRISHNAPPA BANAJ, AGE: MAJOR, OCC: AGRICULTURE, R/O: , TQ: RAIBAG, DIST: BELGAUM 591317.

8. SATTEVVA W/O DHANU MIRJE, AGE: MAJOR, OCC: AGRICULTURE, R/O: , TQ: ATHANI, DIST: BELGAUM 591317.

9. APPASAB S/O KRISHNAPPA BANAJ, AGE: MAJOR, OCC: AGRICULTURE, R/O: NANDIKURALI, TQ: RAIBAG, DIST: BELGAUM 591317. ... RESPONDENTS

(BY SRI. SANJAY S. , ADV. FOR C/R1 TO R9)

THIS RSA IS FILED U/SEC. 100 OF CPC 1908, AGAINST THE JUDGEMENT & DECREE DATED 16.08.2012 PASSED IN R.A. NO.190/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, RAIBAG, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT DATED 18.03.2006 AND THE DECREE PASSED IN O.S. NO.155/1999 ON THE FILE OF THE PRL. CIVIL JUDGE (JR. DN.) RAIBAG, DISMISSING THE SUIT FILED FOR DECLARATION & CONSEQUENTIAL RELIEF OF PERMANENT INJUNCTION.

THIS RSA COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: R.S.A. NO.6165/2012

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JUDGMENT

H.G.RAMESH, J. (Oral):

This second appeal is by the plaintiffs. Heard the learned counsel appearing for the appellants and perused the judgments of the two Courts. The appellants’ suit filed for declaration and injunction was dismissed by the Trial

Court. The said judgment is affirmed by the First Appellate

Court. Concurrent findings by both the Courts. In my opinion, no substantial question of law arises for determination in this second appeal. No ground to admit the appeal. The appeal is accordingly dismissed.

Appeal dismissed.

Sd/- JUDGE Rsh