BALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal is directed against the common judgment and decree dtd. 17/3/2006 passed in O.S. No.5183/1988 and O.S. No.6287/1989 whereby, the suit in OS No.6287/1989 is dismissed and the suit in OS No.5183/1988 is decreed with cost.

(2.) The parties are referred to as Plaintiffs and defendants for the sake of convenience, as per their original rankings before the Trial Court.

(3.) Among two suits, two appeals have arisen. This Court after hearing the parties and the learned Senior counsel, has passed a judgment in RFA No.770/2006 arising out of O.S. No.5183/1988 which reads as under: