ORDER

1. This appeal arises out of a judgment dated 14-8-1998 passed by the High Court of Karnataka, Bangalore in RSA No. 205 of 1995, which was filed under Section 100 of the Code of Civil Procedure (CPC) against the judgment and decree dated 17-8-1994 passed in RA No. 38 of 1990 on the file of the Civil Judge, Tarikere dismissing the appeal and thus affirming the judgment and decree passed by the Munsif, Tarikere in OS No. 23 of 1985 dated 3-3-1990.

2. The plaintiff-respondent filed a suit for declaration of his title over the lands in suit. A sale deed dated 12-4-1940 was executed by one Mahalingaiah, father of Defendant 3. The contention of the defendant appellant in the said suit, inter alia, was that the purported sale deed executed by Mahalingaiah in favour of minor Shivalingaiah represented by his father and guardian Muralasiddaiah was a sham and nominal transaction. The learned trial court dismissed the suit. The first appellate court also dismissed the appeal preferred there against by the first respondent herein. However, a second appeal was preferred by the first respondent against the aforementioned judgment and decree passed by the first appellate court before the Hig