(1.) .This regular first appeal has been filed by State of Karnataka through Deputy Commissioner, Bidar, Superintending Engineer, Water Resources Department, IPC Circle, Bidar and the Executive Engineer, Water Resources Department, KPC Division No.1, Bidar, assailing the judgment and decree passed in O.S.No.65/2011, dated 30.1.2013 by the learned Principal Senior Civil Judge and CJM., Bidar.
(2.) Though this appeal has been listed to consider the application filed to condone the delay in filing the appeal, we have nevertheless heard Sri R.V.Nadagouda, learned Additional Advocate General and the learned counsel for respondent No.1 on the merits of the matter as it has been brought to our notice that a similar appeal has been disposed of by a Division Bench of this Court.
(3.) For the purpose of convenience, the parties are referred to, as they are referred to before the trial Court.