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12. Considering the oral and documentary evidence produced by the plaintiff, it is very much clear that the plaintiff had lent an amount of Rs.5.00 lakhs to the husband of the defendant and he has executed Ex.P1 and P2 documents and during his life time he did not repay that amount to the plaintiff.

13. Despite service of suit summons, the defendant did not appear before the Court and denied the claim of the plaintiff by filing her written statement and also cross- examining the evidence of P.W.1. In view of the clear documents produced by the plaintiff referred supra, this Court is of the opinion that, it is a fit case wherein to pass a conditional decree in favour of the plaintiff to the effect that, in the event the defendant has succeeded to any of the properties of the deceased, then she is liable to pay the decretal amount to the plaintiff.

15.POINT NO.3: For the foregoing reasons assigned on point Nos.1 and 2 and the findings recorded on them, the following order is passed:

ORDER A conditional decree is passed in favour of the plaintiff as under:

1. The suit of the plaintiff is partly decreed with cost against the defendant.

2. The plaintiff is entitled to recover Rs.5.00 lakhs being the principal loan amount from the defendant.

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XLIV ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE.

23.3.2015 JUDGMENT PRONOUNCED IN OPEN COURT (VIDE SEPARATE JUDGMENT) A conditional decree is passed in favour of the plaintiff as under:

1. The suit of the plaintiff is partly decreed with cost against the defendant.

2. The plaintiff is entitled to recover Rs.5.00 lakhs being the principal loan amount from the defendant.