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Judgment
H. Billappa, J.—This appeal filed by the defendant is directed against the judgment and decree, dated 30.09.2008, passed by the Civil Judge (Sr. Dn), Madikeri, in O.S. No. 40/2000. By the impugned judgment and decree, the trial Court has decreed the suit of the plaintiffs in part directing the defendant to pay a sum of Rs. 5,64,661/- with costs.
Aggrieved by that, the appellant-defendant has filed this appeal.
The learned counsel for the appellant and also the learned Government Pleader submit that the matter is covered by decision of this court in RFA No. 1620/2007 and connected appeals.
The facts in the present case and the facts in RFA No. 1620/2007 and connected appeals are similar. Therefore, the appeal needs to be disposed of in terms of the order passed in RFA No. 1620/2007 and connected appeals. Accordingly, the appeal is allowed and the impugned judgment and decree passed by the Trial Court in O.S. No. 40/2000 is hereby set aside. The matter is remitted to the trial Court with the following directions:
i) Permit the plaintiff to amend the plaint furnishing the full particulars.
ii) Permit the defendant to file additional written statement.
iii) Frame appropriate issues on the basis of the amended pleadings in addition to issues already framed.
iv) Permit both parties to adduce oral and documentary evidence, if they choose to do so.
v) Consider the matter keeping in view the judgment in RFA No. 1620/2007 and connected appeals.
vi) The matter shall be disposed off within six months from the date of receipt of a copy of this order.
vii) Both the parties shall appear before the Trial Court on 03.09.2012 without further notice from the trial Court.
viii) Office is directed to transmit records forthwith to the trial Court.
ix) Refund full court fee to the appellant.
x) Parties to bear their own costs.