A.M. KRISHNEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant being not satisfied with the Judgment and decree dated 30.3.2009, passed by the Civil Judge, (Sr. Dn), K.R. Pet in O.S. No. 166/2006 has filed this appeal. According to the petitioner/plaintiff, he is a Class-III Contractor and he was entrusted the construction work of Left Bank of Kattekyathanahalli Bridge approach road and that construction of the Right Bank of Kettekyathanahalli Bridge approach road was entrusted to another contractor by name Boraiah Basavaiah, Since Boraiah Basavaiah could not execute the work, the plaintiff completed the work of Left Bank approach road in his individual capacity and Right Bank approach road as a power of attorney holder of Basavaiah. According to him, though the final bill was submitted, the defendants failed to settle the dues. Therefore, he filed the suit for recovery of a sum of Rs. 3,52,977-72ps.

(2.) The defendants contested the suit. According to the defendants, the entire work of approach road of Right Bank and Left Bank was entrusted to one Basavaiah and the plaintiff has executed the work as power of attorney holder and that the entire amount has been settled, except a sum of Rs. 23,773/-. Therefore, the plaintiff requested the court to dismiss the suit.

(3.) Based on the above pleadings, the following issues were framed by the court below:--