(1.) This appeal is filed praying to set-aside the judgment and decree dtd. 16/2/2005 passed in R.A.No.77/2001 by learned Prl. Civil Judge (Sr.Dn) Karwar confirming the order dtd. 23/7/2001 in O.S.No.72/1997 on the file of learned Civil Judge (Jr.Dn) Ankola.
(2.) The appellant was defendant and respondent was plaintiff in O.S.No.72/1997 on the file of learned Civil Judge (Jr.Dn) Ankola.
(3.) The parties will be referred to as per their rank in the Trial Court. The respondent-plaintiff died during the pendency of this appeal and his legal heirs were brought on record.