KADAMMA Vs. CHIKKAMMA

JUDGEMENT

(1.) Respondent No.1 instituted O.S.No.116/2004 in the Court of Principal Civil Judge (Sr.Dn.) at Ramanagara, against the appellants and respondent Nos.2 and 3 herein.

(2.) Heard learned advocates on both sides and perused the impugned judgment and decree. It is unnecessary to elaborate the rival contentions and answer the same, as the impugned judgment and decree are liable to be set aside and the case remanded to the court below, on account of its failure to consider the appeal and decide the matter in accordance with law.

(3.) In LIGAKATH ALI KHAN vs. SRI SYED WAZEED AND OTHERS, 2012 ILR(Kar) 2035, the substantial question of law considered was, 'whether the First Appellate Court has followed the fundamental rules governing the exercise of its jurisdiction under Section 96 of the Code, while reversing the Trial Court judgment ad decree and whether the impugned judgment and decree is vitiated ' The said question was answered after referring to catena of decisions of the Apex Court as follows: