SUBADHRAMMA Vs. MULLANGI NARAYANAMMA

JUDGEMENT

(1.) The defendant No.3 in O.S. 226/2011 on the file of the I Addl. Civil Judge, Bellary and the appellant in R.A.79/2012 on the file of the I Addl. Senior Civil Judge, Bellary, filed this second appeal under S.100 CPC to set aside the Judgments and Decrees passed therein. The suit, which was contested, was decreed in part with costs and the plaintiffs were declared as the joint owners of the suit schedule property and were held entitled to get compensation from defendant No.2. Assailing the decree passed by the Trial Court, an appeal under S.96 CPC was filed and was registered as R.A. No.79/2012 on the file of the I Addl. Senior Civil Judge, Bellary. I.A. No.VII was filed under Order XLI, Rule 27 CPC to receive additional evidence. Said application, by an order dated 18.03.2013 was ordered to be heard along with the main appeal. Assailing the said decree, this second appeal was filed.

(2.) The appeal was admitted on 02.04.2014, to consider the following substantial questions of law:

(3.) Heard learned advocates on both sides and perused the record. It is unnecessary to consider the rival contentions and record findings since the appeal is liable to be allowed and the Judgment and Decree passed by the lower Appellate Court, impugned in this appeal, is liable to be set aside on a short ground by answering the substantial question of law at Serial No.(i) supra. Since the case is liable to be remanded for consideration afresh, it is unnecessary to consider the substantial question of law at serial No.(ii) supra.