(1.) Though the appeal is listed for admission, with the consent of learned counsel on both sides, it is heard finally.
(2.) Defendant No.4 in O.S.No.109/92 has preferred this second appeal, assailing judgment and decree passed in RA.No.96/2009 dated 04/12/2010 by the learned Senior Civil Judge and JMFC, Chintamani, by which the judgment and decree passed in O.S.No.109/1992 dated 17/04/2006 has been modified, by allowing the appeal to that extent.
(3.) For the sake of convenience, parties herein shall be referred to, in terms of their status before the trial court.