MOHADDINSAHEB SHIKANDAR Vs. HASABSAHEB KARIMSAHEB

JUDGEMENT

(1.) This appeal by defendants 1, 2, 3, 5, 6, 9 and 10, is directed against the judgment and decree, dated 12 12 -1974, passed by the Addl. Civil Judge, Bijapur, in RA No. 106/1973, on his file, dismissing the appeal on confirming the judgment and decree, dated 30 5 1973, passed by the Prl. Munsiff, Jamkhandi, in OS No. 28/1969, on his file, decreeing the suit of the plaintiff as prayed for.

(2.) Plaintiffs instituted a suit for recovery of the contribution on the charge of the mortgage properties. The defendants contested mainly on the ground that the suit was barred by time. The trial Court, appreciating the evidence on record, answered all the material issues in favour of the plaintiffs and decreed the suit as prayed for. Aggrieved by the said judgment and decree, the defendants went up in appeal before the Civil Judge, Bijapur, in RA No. 106/1973, on his file. The learned Addl. Civil Judge, Bijapur, who heard the appeal raised the following points, as arising for his consideration in the appeal.

(3.) The learned Civil Judge, re-assessing the evidence on record, answered point No. 1 in the affirmative point No. 2 in the negative and in that view he dismissed the appeal, confirming the judgment and decree of the trial Court". Aggrieved by the said judgment and decree, the defendants have instituted the above second appeal before this Court.