JUDGMENT :

Appeal is directed against the Judgment and decree passed by the learned Presiding Officer, Fast Track Court-II, Tumkur on 31.08.2010 in R.A.No.478/2009 (old R.A.No.67/2007), wherein the appeal preferred under Section 96 of CPC came to be allowed and Judgment and decree passed by the learned Principal Civil Judge (Jr.Dn.), Tumkur in O.S.No.505/1989 dated 28.02.2007 was set aside and suit of the plaintiff was dismissed.

2. Being aggrieved by the judgment and decree passed by the learned Appellate Judge, the plaintiff No.3 has preferred this second appeal.

3. In order to avoid repetition and overlapping, the parties are addressed in accordance with their ranks and status as stood before the trial Court.

4. The original suit was filed in O.S.No.505/1989 by the following persons, namely, (1) H.R.Gundurao, (2) T.L.Thimmappa, (3) R.N.Nadigar, (4) G.Sivasangarya, (5) T.B.Hanumanthaiah, (6) Narayanappa, (7) Narayanamurthy, (8) T.B.Ramakrishna, (9) Balaraju, (10) Nayeemkhan, (11) T.R.Yadugiri, (12) Muneer Ahamed, (13) Dr.T.D.Devarayulu, (14) M.S.Narasimhan, (15) T.R.Puttaswamy, (16) Shantaraman, (17) Prakash, (18) T.G.Nagaraju, (19) Yekanthasetty, (20) Imthiaj Ahamed, (21) G.P.N.Kuma