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Judgment
N.K. Patil
The appellant being aggrieved by the impugned judgment and decree dated 30/03/2005 PASED IN o.s. No. 25/1988 on the file of the I Additional Civil Judge(Senior Division), Bagalkot, has presented this appeal. Heard Sri. Vijay kumar, learned counsel appearing for the appellant, Sri. Ravi S. Balikai learned counsel appearing for respondent No. 11 and Sri. N.L. Batakurki, learned counsel appearing for respondents 2 to 8. Other respondents are served and unrepresented.
Learned counsel appearing for respondents 2 to 8 and 11 at the out set submit that for want of jurisdiction, the appeal filed by the appellant is not maintainable, as it has to be presented before the District Court and the appeal may be transferred to the jurisdictional District Court for adjudication of the matter on merits.
Sri. Vijay kumar, learned counsel appearing for the appellant at the outset submits that the submission of the counsel appearing for respondents 2 to 8 and 11 may be placed on record and the instant appeal may be transferred to the jurisdictional District Court for adjudication of the matter with a direction to the said Court to assign new number and decide the same on merits after affording an opportunity of hearing to the parties. In the light of the submission made by the learned counsel appearing for both the parties, without expressing any opinion on the merits of the case, the appeal stands transferred to the Principal District Court with a direction to it to assign new number and hear the matter after affording an opportunity of hearing to the counsel for the parties and dispose of the same in accordance with law as expeditiously as possible.
The appellant and the respondents 2 to 8 and 11 are directed to appear personally before the jurisdictional District Court on 24th of September, 2012 to take further dates of hearing without waiting for any notice from the District Court, Bagalkot.
Registry is directed to transmit the original records to the District Court, Bagalkot, forthwith.
Accordingly the appeal stands disposed of for statistical purpose.