Karnataka Gulbarga Court August 2015 Judgments

Sugappa and Another Vs. Shivashankerappa and Others

Court: Karnataka Gulbarga

(Prayer: This Regular Second Appeal is filed under Section100 of CPC, against the judgment and decree dated 19.1.2010 passed in R.A.No.135/2007 on the file of I Addl. Dist. Judge at Gulbarga, dismissing the appeal filed against the judgment and decree dated 25.10.2007 passed in O.S.No.40/2006 on the file of the Civil Judge (Sr.Dn) at Shorapur.) 1. Heard the learned counsel for the appellants and Counsel for the respondent Nos.1 and 2 absent. 2. Matter has been admitted to consider the following substantial question of law framed on 04.08.2015 is as follows; Whether the First Appellate Court has committed serious illegality in not considering IA filed under Order XLI Rule 27 of CPC dated 6.11.2009 and pronouncing the judgment on merits? The present appeal is arising out of the judgment and decree passed in Regular Appeal filed in R.A.No.135/2007 under Section 96 of CPC before the of I Addl. District Judge at Gulbarga. The appellants herein were the defendant Nos.2 and 3 before the trial...