JUDGMENT/ORDER

1. Appeal is admitted to consider the following substantial question of law.

"Whether the Trial Court and the First Appellate Court were justified in dismissing the suit of the plaintiffs considering Issue No.6 on resjudicate as preliminary issue, when the same is a mixed question of law and fact without allowing the parties to lead evidence?"

2. Though this matter is admitted today, with the consent of learned counsel for the parties, taken up for final disposal.

3. Parties are referred to as per their ranks before the Trial Court for the sake of convenience.

4. The present appeal is filed by the plaintiffs being aggrieved by the judgment and decree dtd. 9/3/2011 passed in O.S.No.27/2010 on the file of Senior Civil Judge Khanapur (hereinafter referred to as "the Trial Court" for short) in and by which the Trial Court while answering Issue Nos.6 & 7 as preliminary issues, dismissed the suit of the plaintiffs.

5. Being aggrieved by the same, the plaintiffs preferred regular appeal in R.A.No.133/2011 on the file of Presiding Officer, Fast Track Court, Khanapur (hereinafter referred to as "the First Appellate Court" for short). The First Appellate Court by the impugned j