(1.) THE appellant herein viz. , S. Venkata Reddy, who is plaintiff in O. S. No. 124/1993 and defendant in O. S. No. 127/1993 both on the file of the learned Munsiff at Srinivasapur District Kolar (hereinafter referred to as the 'trial Court' for short) has challenged the correctness of the common judgment and decree dated 3. 8. 2002 passed in r. A. Nosr 176 and 178/1997 on the file of the Principal Civil Judge (Senior division), Kolar (hereinafter referred to as the 'appellate Court' for short)insofar as it relates to the dismissal of O. S. No. 124/1993 that was filed by the appellant herein.
(2.) STATED in brief the facts leading to this appeal are as under:
(3.) I have heard the arguments of Sri R. Badrinath, the learned counsel for the appellant-plaintiff and Sri T. S. Venkatesh, the learned counsel for the respondent-defendant. Perused the impugned judgment of the Appellate Court and also that of the Trial Court. Also perused the entire material on record.