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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 31^ST DAY OF JANUARY 2020

BEFORE

THE HON’BLE MR. JUSTICE ASHOK S. KINAGI

REGULAR SECOND APPEAL No. 1225 OF 2004 (SP)

BETWEEN

SMT.KALA SARASWATHI

W/O.KALA SATYANARAYANA

AGED 36 YEARS, OCC: AGRICULTURE

R/O. VIDYANAGAR CAMP,

GANGAVATHI.

... APPELLANT

(BY SRI.S G KADADAKATTI, ADVOCATE)

AND

G CHANDRASHEKAR REDDY

S/O. VENKATREDDY

AGED 29 YEARS, OCC: AGRICULTURE

R/O. BAPIREDDY CAMP, GANGAVATHI.

... RESPONDENT

(BY SRI.SHIVARAJ S. BALLOLI AND

SRI. RAMESH I. ZIRALI, ADVOCATES.)

THIS RSA IS FILED U/SEC 100 R/W ORDER 42 RULE 1

CPC AGAINST THE JUDGMENT AND DECREE DATED : 5.10.2004

PASSED IN RA.NO. 5/02, ON THE FILE OF THE CIVIL JUDGE

(SR.DN.), GANGAVATHI, ALLOWING THE APPEAL AND SETTING

ASIDE THE JUDGMENT AND DECREE DATED:24.2.1995 PASSED

IN

OS.NO.

129/89,

ON

THE

FILE

OF

THE

MUNSIFF,

GANGAVATHI.

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THIS APPEAL COMING ON FOR HEARING, THIS DAY, THE

COURT MADE THE FOLLOWING:

JUDGMENT

This appeal is filed by the defendant challenging

the judgment and decree dated 05.10.2004 passed in

R.A. No.5 of 2002 by the learned Civil Judge (Senior

Division), Gangavathi.

2.

For t