THE HON’BLE SRI JUSTICE M.SEETHARAMA MURTI Second Appeal No.1200 of 2013

JUDGMENT:

The unsuccessful defendants had preferred this second appeal assailing the decree and judgement dated 27.04.2012 of the learned I Additional District Judge, Karimnagar passed in AS.No.46 of 2009 whereby the learned Additional District Judge while allowing the said appeal had set aside the decree and judgment dated 26.06.2009 passed by the learned Senior Civil Judge, Karimnagar in OS.No.76 of 2004 filed by the plaintiffs claiming damages/compensation of Rs.3,50,000/- with interest and costs.

2. At the time of admission of the second appeal, this Court had taken note of the substantial questions of law raised in the ground nos.5 and 6 of the memorandum of grounds of appeal and the said questions are as follows:

(i) Whether the appellants are liable to pay the compensation awarded by the first appellate Court due to the death of the deceased on account of Act of God or on account of a tree has fallen on him due to which the deceased died?

(ii) Whether the 1^st appellate Court is justified in reversing the well considered finding record by the trial Court with regard to territorial jurisdiction?

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