LAWS(KAR)-1988-7-46

CITY MUNICIPAL COUNCIL Vs. C RAMU

Decided On July 13, 1988
CITY MUNICIPAL COUNCIL Appellant
V/S
C. RAMU Respondents

JUDGEMENT

(1.) R.F.A.171 of 1976 and R.F.A.94 of 1983 arise out of O.S.No. 67 of 1972. R.F.A.94 of 1985 arises out of O.S.No. 125 of 1972. O.S.67 of 1972 was filed by the appellant in R.F.A.94 of 1983, and R.F.A.171 of 1976 and R.F.A.94 of 1985 are filed by the City Municipal Council, Mysore, which is the defendant in O.S.67 of 1972 and plaintiff in O.S.125 of 1972. The defendant in O.S.125 of 1972 is the plaintiff in O.S.67 of 1972.

(2.) R.F.A.94 of 1985, having regard to the value of the claim, was filed before the District Court, Mysore as R.A.4 of 1976 and subsequently by the order dated 14-2-1985 the appeal has been withdrawn from the file of the District Court, Mysore and It is heard along with other two appeals, because both the suits were tried together and a common evidence was recorded and a common Judgment was delivered by the trial-Court.

(3.) R.F.A.171 of 1976 is filed by the defendant in O.S.67 of 1972 and R.F.A.94 of 1983 is filed by the plaintiff in O.S.67 of 1972. R.F.A.94 of 1985 is by the plaintiff in O.S.172 of 1972. In this Judgment the parties will be referred to as plaintiff and defendant.