(1.) Though this appeal is listed for orders so as to await the judgment of the Hon'ble Supreme Court, having regard to the recent dictum of Hon'ble Supreme Court in the case of PRAKASH AND OTHERS vs. PHULAVATI AND OTHERS, 2016 2 SCC 36, [Phulavati], with the consent of learned counsel on both sides, it is heard finally.
(2.) This regular first appeal has been filed by defendant No.3 in O.S.No.65 of 2008 assailing the judgment and decree dated 16.08.2011 passed by the learned Senior Civil Judge, Koppal.
(3.) For the sake of convenience, the parties shall be referred to in terms of their status before the trial court.