M G ESWARA RAO Vs. RABIYABI

JUDGEMENT

(1.) THIS R. S. A. is directed against the judgment and decree dt. 21-10-97 in R. A. No. 23/94 on the file of the Civil Judge (Sr. Dn.) at Madikeri, (henceforth referred to in brief as the first Appellate Court ). In passing the same, the first Appellate Court dismissed the appeal of the appellant herein.

(2.) THE brief facts are as follows :the respondents Nos. 1 and 2 herein had filed O. S. No. 42/88, a suit for redemption, at the first instance before the Civil Judge, presently, the Civil Judge (Sr. Dn.) as against the appellant herein and that suit came to be decreed and the respondents Nos. 1 and 2 - plaintiffs were directed to deposit a sum of Rs. 10,000/- within 3 months from the date of the decree and in terms of the decree, the sum in question was deposited in CMC No. 10/89 on the file of the Civil Judge, Madikeri and upon that, a notice came to be issued to the respondent No. 1 on 27-7-89.

(3.) THAT, the said suit was not at all contested by the appellant herein, inasmuch as, they neither chose to file written statement nor challenged the evidence of the respondents Nos. 1 and 2. They did not adduce any evidence either from their side. Finally a preliminary decree came to be passed by the trial Court of the first instance. That, in the FDP proceedings, the appellant herein had put forth his claim, claiming a sum of Rs. 25,000/- towards improvements and upon adjudication, the appellants herein were awarded with a sum of Rs. 2,500.-; of course there was evidence adduced by the parties in the said FDP. Having been aggrieved with the final decree passed in the FDP, the appellant herein had filed the RSA mainly for the reason that their claim of Rs. 25,000/- for the improvements made was not granted and further that as against the said claim, a paltry sum of Rs. 2,500/- was granted.