CAV JUDGMENT

(PER: HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR)

The unsuccessful plaintiffs being aggrieved by the judgment and decree dated 27.8.2009 passed in OS No.7102/97 by the I Addl. City Civil and Sessions Judge (CCH-2) Bengaluru City have preferred this appeal.

2. The records reveal that, during the pendency of the appeal, appellant no.2 died and his LRs are brought on record in the shape of appellant no.2(a) to (c) and respondent no.2 died and her LRs are brought on record in the shape of respondent nos. 2(a) to (c). Subsequently, respondent nos.3 to 5 are impleaded. Accordingly, the cause-title came to be amended.

The brief facts of the case upto this appeal are as under:

3. Plaintiff nos. 1 and 2 initially filed a Misc.Petition NO.1094/94 before the Prl.City Civil and Sessions Judge, Bengaluru under Section 92 of CPC seeking leave of the Court to file a scheme suit against defendants. On enquiry, the Prl.City Civil and Sessions Judge, vide orders dated 19.09.1997 allowed the petition and permitted the plaintiffs/petitioners to institute and prosecute the proposed suit. Accordingly, the plaintiffs filed the suit in OS No.7102/1994 seeking to pass a judgment and decree with a p