(1.) THIS appeal filed by the defendant is directed against the judgment and decree, dated 30.09.2008, passed by the Civil Judge (Sr. Dn), Madikeri, in O.S. No. 40/2000. By the impugned judgment and decree, the trial Court has decreed the suit of the plaintiffs in part directing the defendant to pay a sum of Rs. 5,64,661/ - with costs.
(2.) AGGRIEVED by that, the appellant -defendant has filed this appeal.
(3.) THE facts in the present case and the facts in RFA No. 1620/2007 and connected appeals are similar. Therefore, the appeal needs to be disposed of in terms of the order passed in RFA No. 1620/2007 and connected appeals. Accordingly, the appeal is allowed and the impugned judgment and decree passed by the Trial Court in O.S. No. 40/2000 is hereby set aside. The matter is remitted to the trial Court with the following directions: