SHASHI REKHA Vs. S.H.BASAVARAJAIAH

JUDGEMENT

(1.) The appellants being defendants in OS No.49 of 2006 have preferred this appeal being aggrieved by the judgment and decree dtd. 27/10/2009 passed in RA No.336 of 2007 on the file of the learned II Additional District Judge, Tumakuru (hereinafter referred to as 'First Appellate Court' for brevity) wherein, the suit of the plaintiff was decreed by allowing the appeal and setting aside the judgment and decree dtd. 27/9/2007 passed in OS No.49 of 2006 on the file of learned Civil Judge, Sr.Dn., Turuvekere (hereinafter referred to as 'the Trial Court' for brevity), which has dismissed the suit filed by the plaintiff.

(2.) For the sake of convenience, parties are referred to as per their status and rank before the Trial Court.

(3.) The appeal was admitted vide order dtd. 28/7/2010 and the following substantial question of law was formulated: