PRADEEP NANDRAJOG, J.

Caveat No.624/2015

Counsel as above appears for the respondent/caveator and thus the caveat is discharged.

CM No.11220/2015

Allowed subject to just exceptions. RFA

(OS) No.60/2015

1. Though the appeal is listed for preliminary hearing today, since counsel appears for the respondent on advance copy of the appeal being supplied because of the caveat filed, we have heard learned counsel for the parties at length and while doing so have considered the original record of CS (OS) No.2254/2013 which has been sent to Court along with the appeal in view of the practice directions issued that whenever Regular First Appeals laying a challenge to a decree passed by a learned Single Judge of this Court are listed before the Division Bench the record of the suit should be sent to Court.

2. The appellant was the defendant. The respondent was the plaintiff. Suit filed by the respondent under Order XXXVII of the Code of Civil Procedure has been decreed by the learned Single Judge vide impugned judgment/order/decree dated April 27, 2015 as a consequence of IA No.10525/2014 filed by the appellant under Order XXXVII Rule 3(5) of the Code of Civil Procedure praying for l