THULASIDHARA Vs. NARAYANAPPA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned Judgment and Order passed by the High Court of Karnataka at Bengaluru dated 25.07.2007 passed in Regular Second Appeal No.1033 of 2001, by which, in exercise of powers under Section 100 of the CPC, the High Court has allowed the said appeal preferred by the respondent herein-original plaintiff and has quashed and set aside the Judgment and Decree passed by both the Courts below dismissing the suit, and consequently decreeing the suit, original defendants have preferred the present appeal.

(2.) The facts leading to the present appeal in nutshell are as under :

(3.) Feeling aggrieved and dissatisfied with the Judgment and Decree passed by the learned Trial Court confirmed by the First Appellate Court, the original plaintiff filed a Regular Second Appeal No.1033 of 2001 before the High Court. The High Court framed only one substantial question of law which reads as under :