(1.) This Miscellaneous Second Appeal is filed by the appellants - defendants challenging the judgment and decree dtd. 27/2/2024 passed in R.A.No.04/2023 by the VI Additional District and Sessions Judge, Tumakuru (hereinafter referred to as 'the First Appellate Court'), which reversed the order dtd. 16/11/2022 passed in O.S.No.83/2022 by the Senior Civil Judge and JMFC, Gubbi (hereinafter referred to as 'the Trial Court') passed on I.A.No.IV in the suit. The First Appellate Court has allowed the Regular Appeal and remanded the matter to the Trial Court for consideration of the case on merits.
(2.) For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court.
(3.) Heard the arguments addressed by both the learned counsels appearing for the parties and perused the materials placed on record.