P. DHARMAPALAIAH Vs. N. KAMALA

JUDGEMENT

(1.) THERE is a delay of 108 days in preferring the appeal. Accepting the cause shown by the appellant, the delay is condoned. IA II/2012 is allowed accordingly. The appeal is taken up for hearing by consent and disposed of by this judgment. The appellant is questioning the legality and correctness of the judgment and decree dated 30 -11 -2011 in OS No. 251 of 2010, on the file of Additional City Civil Judge, Bangalore. The appellant was defendant in the suit.

(2.) FOR the sake of convenience, the parties would be referred to as per their status before the trial court.

(3.) THE defendant appeared before the court and engaged the services of an advocate. However, the suit was not contested. In the circumstances, the plaintiff got herself examined as PW 1 and marked Ex. P1 to 25. The trial court formulated the following points for its consideration: (1) Whether the plaintiff is entitled for decree as prayed for? (2) What order?