The defendant in O.S.No.111/2010 is before this

Court aggrieved by the judgment dated 23.06.2016

passed by the Principal Senior Civil Judge and CJM.,

Gadag.

In the said matter, by way of aforesaid judgment the

said Court had partly decreed the suit with costs

holding that plaintiff is entitled for the recovery of a

sum of Rs.13,39,720/- from the defendants along

with future interest at the rate of 12% p.a., from the

date of instituting the suit till the realisation of the

entire decretal amount. The Trial Court by the said

judgment also dismissed the counterclaim which had

been filed by the defendants for a sum of

Rs.9,03,197/-.

3.

Sri Jagadish Patil, learned counsel appearing for the

appellant would submit that

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3.1. The judgment passed by the Trial Court is not

proper. The Trial Court has misapplied itself and

has purely gone on legal notice which has been

issued without adverting to the documents in

relation thereto inasmuch as it is on the basis

of the legal notice that the Trial Court has come

to a conclusion that there is an admission on

the part of the defendants in relation to

amounts due.

3.2. The

Trial

Court

has

not

considered

the

documents that have been produc