MOHD MUNNER Vs. MOHAMMED SALAR ABBAS

JUDGEMENT

(1.) Facts leading to filing of this appeal is a glaring example of how litigants can be successful in taking undue advantage of beneficial procedural laws. The reasons that follow in this judgment would act as mirror to unravel this factual matrix. This appeal is directed against judgment and decree passed by the Prl. District Judge, Shimoga in R.A. No. 2/2005 dated 31.10.2009 whereunder appeal has been allowed and partial judgment and decree dated 29.09.1995 passed in O.S. No. 219/1994 by the Prl. Munsiff, Shimoga decreeing the suit for specific performance against defendants 1, 2, 3, 5 & 6 has been set aside and suit itself has been dismissed.

(2.) This Court, by order dated 19.01.2010 has admitted the appeal for adjudication of the following substantial questions of law:

(3.) In order to answer the above substantial questions of law, it would be necessary to state the history leading to filing of this appeal.