PRATHAP CHANDRA SHETTY Vs. JAYANTHI SHETTY

JUDGEMENT

(1.) THIS second appeal as well as cross objections are directed against judgment and decree passed by II Addl. Senior Civil Judge, Mangalore, Dakshina Kannada dated 17.08.2013 in R.A. No. 44/2013 whereunder appeal filed by defendant challenging the judgment and decree passed by 3rd Addl. Civil Judge, Mangalore partly decreeing the suit O.S. No. 158/2008 dated 15.12.2012 and directing the defendant to handover vacant possession of suit schedule property came to be allowed.

(2.) I have heard Sri. K. Chandranath Ariga, learned Advocate appearing for appellant and Sri H. Giridhar, learned Advocate appearing for respondent and perused the records.

(3.) IN the instant case, it requires to be noticed that plaintiff has preferred RSA No. 1755/2013 being aggrieved by judgment and decree passed in R.A. No. 44/2013 as already noticed herein above and seeks for restoration of judgment and decree passed by trial Court. Before notice could be issued in this appeal, respondent had appeared by entering caveat and contested the matter. Records would also indicate that on 18.06.2014 at the request of respondent's counsel, matter was finally ordered to be listed on 25.06.2014. After having heard the learned Advocates appearing for the parties, as noticed herein supra, appeal came to be admitted on 25.06.2014 to adjudicate the substantial questions of law formulated which is already extracted herein above.