JALEEL SAB Vs. M SURENDRA NAYAK

JUDGEMENT

(1.) This appeal has been filed against the decree dated 07.06.2014 passed in R.A.No.55/2013 by the Senior Civil Judge and JMFC, Thirthahalli, by which, the judgment and decree dated 10.04.2013 passed in O.S.No.97/2010 by the Additional Civil Judge and JMFC, Thirthahalli, was affirmed.

(2.) Heard Sri Mohan Kumar T., learned advocate for the appellant and Sri B.S. Prasad, learned advocate for the respondent and perused the record. There is delay of 66 days in filing the appeal. I.A.No.1 was filed for condonation. Having regard to the facts stated in the affidavit, I.A.No.1 is allowed and the delay in filing the appeal is condoned.

(3.) Suit was instituted to pass a decree for recovery of possession, damages and cost. By filing written statement, suit was contested. Based on the pleadings, 8 issues were raised. During trial, the plaintiff got himself examined as PW.1 and marked 7 documents as Exs.P-1 to P-7. The defendant got himself examined as DW.1. After appreciation of the record with reference to the rival contentions, suit was decreed.