(1.) This f irst appeal is directed against judgment dtd. 5/7/2016 in O.S.No.6285/2008 on the file of XXXVII Additional City Civil and Sessions Judge, Bengaluru (CCH-38), dismissing the suit as not maintainable.
(2.) The factual background in brief is as below:
(3.) The first defendant filed a lengthy written statement, the gist of which is that: