MSPL LIMITED Vs. S B MINERALS

JUDGEMENT

(1.) The defendant in O.S. No. 82/2006 on the file of the Prl. Civil Judge (Jr.Dn) and JMFC, Hospet, aggrieved by the Judgment and decree dt. 8.2.2008 allowing the suit, preferred RA 19/2009 whence the Addl. Civil Judge (Sr.Dn), Hospet reversed the Judgment and decree and dismissed the suit by Judgment and decree dt. 29.6.2009. Hence this second appeal by the plaintiff. Parties, hereinafter, are referred to as described in the plaint.

(2.) The panorama of factual position as set out in the pleadings of the parties is:

(3.) The trial court in the premise of pleadings of parties framed the following issues: