(1.) The legal representatives of the original defendant, Mariyannagowda, in O.S. No. 514/1987 on the file of learned Civil Judge (Jr. Dn.) and JMFC., Channarayapatna, have come up in this second appeal impugning the divergent finding rendered by the Court of Civil Judge (Sr. Dn.), Channarayapatna, in R.A. No. 175/2002 by its judgment and decree dated 25.01.2006.
(2.) The brief facts leading to this second appeal are as under:
(3.) When this matter had come up for admission on 01.02.2007, this appeal was admitted to consider the following substantial question of law: