(1.) Heard the learned Assistant Government Pleader appearing on behalf of the Appellant and the learned Counsel appearing on behalf of Respondent No.2.
(2.) This second appeal is filed by the State of Maharashtra challenging the judgment and order passed by the 3rd Additional District & Sessions Judge, Kolhapur in Civil Appeal No.46 of 1984 whereby the learned District Judge was pleased to dismiss the appeal and confirm the Judgment and Order dated 15/10/1983 passed by the Trial Court in Regular Civil Suit No.571 of 1981.
(3.) Brief facts are as under:-