(1.) This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
(2.) The Appellant, by filing this Appeal under sec. 100 of the Civil Procedure Code (for short, 'the Code'), has assailed the judgment and decree dtd. 24/4/2013 and 7/5/2013 respectively passed by the learned 1st Additional District Judge, Berhampur in R.F.A. No. 19/2013 (R.F.A. No.04/2012 GDC). By the said judgment, while dismissing the First Appeal filed by present Appellant under sec. 96 of the Code, the First Appellate court has confirmed the judgment and decree dtd. 27/12/2011 and 11/1/2012 respectively passed by the learned Civil Judge, Junior Division, Berhampur in Civil Suit No.41 of 2009.
(3.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.