K.NAGARAJ Vs. SATISHBABU

JUDGEMENT

(1.) This Regular Second Appeal is preferred by the plaintiff challenging the judgment and decree dtd. 17/12/2013 passed in R.A.No.35/2013 on the file of the Senior Civil Judge and JMFC, Kudligi (hereinafter referred to as 'the First Appellate Court', for brevity), confirming the judgment and decree dtd. 21/2/2013 passed in O.S. No.46/2010 on the file of the Civil Judge and JMFC, Kudligi (hereinafter referred to as 'the trial Court', for brevity), dismissing the suit of the plaintiff.

(2.) For the sake of convenience, the parties to this appeal shall be referred to in terms of their status and ranking before the trial Court.

(3.) The facts relevant for the purpose of adjudication of this appeal are that, the plaintiff claims to be the CL-9 license holder and was running a bar and restaurant in the name and style of M/s.Supreme Bar at Toranagallu, Ballari District and the said license was being renewed every year. It is further stated by the plaintiff that, defendant No.1 is running a bar and restaurant under the name and style M/s. Kavana Wine at Door No.1140/1B of Toranagallu, Hospet road and it is shown that the license issued in favour of the plaintiff has been transferred in the name of defendant No.1 and as such, plaintiff disputed the said transfer of license by defendants No.2 to 4 in favour of defendant No.1 and filed a suit in O.S.No.46/2010, seeking the declarative relief that the affidavit dtd. 20/9/2004 executed by defendant No.1 with the defendant No.2 and transfer of license in Form No.17/B by the defendant No.2 is forged and null and void.