LAXMAMMA AND ORS. Vs. MALLAMMA AND ORS.

JUDGEMENT

(1.) The present appeal is filed under Section 100 of CPC challenging the divergent finding passed by the Court of the District Judge, Mandya on 24.8.2005 in R.A.167/2004. The appellants are defendant Nos.3 and 4 of an original suit bearing O.S.169/1990 which was pending on the file of Court of Munsiff at Nagamangala.

(2.) Respondent Nos.1 to 6 herein were plaintiffs, respondent No.7 was defendant No.1, respondent No.8 was defendant No.2 and respondent No.9 was defendant No.5 in the said suit. Respondent Nos.7 and 9 died during the pendency of this appeal and hence, their legal representatives have been brought on record.

(3.) Facts leading to filing to the suit is as follows: