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2006 Supreme(Kar) 570

A.S.BOPANNA, S.R.BANNURMATH
GOETZE (INDIA) LIMITED, BANGALORE – Appellant
Versus
H. R. THIMMAPPA GOWDA – Respondent


Advocate Appeared
Sri C. Gowri Shankar, Smt. Girija Shankar and Sri B.C. Prabhakhar, Advocates for Appellants;
Sri C.M. Poonacha, Advocate for Respondent.

A.S. Bopanna, J.,

JUDGMENT

The appellants are before this Court assailing the judgment and decree dated 17-1-2004 passed by the Court of the XXXV Additional City Civil Judge, Bangalore city in O.S. No. 7383 of 1999. By the judgment impugned in this appeal, the Civil Judge, apart from allowing IA-VI permitting the plaintiff to amend the plaint to include the claim for damages, has declared the order of termination dated 30-6-1999 marked as Ex. P. 13 in the suit as illegal, unjust arbitrary and the same is null and void and not binding on the plaintiff The learned Civil Judge has further directed reinstatement of the plaintiff to the same post which he was holding on the date of termination and damages of Rs. 7,65,216/-has been awarded to the plaintiff. By the said judgment, the Civil Judge has further directed that the Court fee of Rs. 56,665/- payable by the plaintiff shall be paid by defendants 1 and 2. The appellants are therefore aggrieved by the said judgment and decree passed by the learned Civil Judge. While examining the correctness or otherwise of the judgment, we propose to refer to the parties in the same rank as referred to before the Civil Court for the sake of convenien











































































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