(1.) This is an appeal under Sec. 100 C.P.C. filed by the plaintiffs in an original suit in O.S. No. 160/83 which was pending on the file of Additional Civil Judge (Jr. Dn.), Kolar. Plaintiffs are aggrieved by the divergent judgment passed in R.A. No. 33/99 which was pending on the file of FTC -II, Kolar.
(2.) The respondents are defendants in the said suit. The plaintiff No. 1 died during the pendency of the original suit and his LR's were brought on record in the trial Court. Parties will be referred to plaintiffs and defendants as per their ranking before the Trial Court.
(3.) The facts leading to the case is as under: