(PER: THE HON’BLE MR. JUSTICE C.M. POONACHA)
This Regular First Appeal is filed under Section 96 of
the Code of Civil Procedure, 19081, by the plaintiff
challenging the judgment and decree dated 27.10.2021
passed in O.S.No.78/2019 on the file of Senior Civil Judge,
Hukkeri2, whereunder, the suit filed by the
appellant/plaintiff was dismissed as not maintainable by
the Trial Court, having answered Preliminary Issue No.1 in
the affirmative.
2. The parties will be referred to as per their
ranking before the Trial Court, for the sake of
convenience.
3. The factual matrix in a nutshell leading to the
present appeal is that the plaintiff filed the suit for a relief
of declaration, that the compromise decree dated
25.04.1992 passed in O.S.No.99/1992 by the Munsiff
Hereinafter referred to as the ‘CPC’
Hereinafter referred to as the ‘Trial Court’
NC: 2025:KHC-D:10073-DB
HC-KAR
Court, Hukkeri as inequitable, unfair, unjust and for
reopening the partition as also seeking for fresh partition
in the suit properties by awarding 1/10th share of the
plaintiff in the suit properties. It is the case of plaintiff in
the suit that the propositus was one Bharmappa Appanna
Gijavani. The genealogy of the family of the plaintiff and
defendants from their propositus is as under: