JUDGMENT : O.S.No.230/1996 was instituted in the Court of Prl. Civil Judge (Jr.Dn.), Bellary by Sura Nettappa against Smt. Gundamma and others, to pass a decree and direct the defendants to execute a registered sale deed in respect of suit schedule land by receiving balance sale consideration of Rs.1,500/-. Defendants filed written statement and contested the suit. Six issues were raised by the Trial Court. Both parties adduced evidence. Upon consideration of rival contentions, suit was decreed for the alternative relief of refund of advance amount of Rs.18,900/with interest at 6% p.a. from 10.06.1984. 2. Assailing the said decree, legal representatives of deceased plaintiff filed R.A.No.4/2009 in the Court of Prl. Senior Civil Judge & CJM, Bellary. Legal representatives of deceased defendant No.1 filed Cross Objection. The appeal was allowed and impugned Judgment and Decree was set aside and the suit was decreed directing the defendants to execute sale deed in favour of the plaintiff by receiving balance sale consideration. Being aggrieved, legal representatives of the deceased defendant No.1, filed this appeal. 3. Perused the record. Substantial question of law for consideration is, whether the lower Appellate Court is justified in allowing the appeal, without consideration of the cross objection filed in the case? 4. With the consent of the learned advocates, the appeal is taken up for final hearing. Heard the learned advocates. 5. Indisputably, cross-objection was filed by the legal representatives of deceased defendant No.1, against the decree passed by the Trial Court, directing refund of advance amount of Rs.18,900/with interest at 6% p.a. with effect from 10.06.1984. However, while deciding the appeal, the cross objection, though was noticed, as can be seen from para 13 of the impugned Judgment, there is no consideration and decision rendered on the cross-objection. The cross-objection has remained unconsidered. In the circumstances, impugned Judgment and Decree passed by the lower Appellate Court, cannot, therefore, be sustained. The substantial question of law stands answered accordingly. In the result, the appeal is allowed and Judgment and Decree dated 17.10.2011 passed in R.A.4/2009 by the Senior Civil Judge, Bellary, is set aside. R.A.No.4/2009 and Cross Objection filed therein shall be decided afresh and in accordance with law. All contentions of both parties are left open. The parties are directed to appear in the Court of Sr. Civil Judge & CJM, Bellary, on 16.07.2016 and receive further orders. R.A.No.4/2009 and Cross Objection filed therein shall be decided afresh and in accordance with law. All contentions of both parties are left open. The parties are directed to appear in the Court of Sr. Civil Judge & CJM, Bellary, on 16.07.2016 and receive further orders. The Registry is directed to send the Trial Court record to the Court of Prl. Senior Civil Judge & CJM, Bellary. The suit having been instituted in the year 1996, lower appellate court is directed to decide the case with expedition and before 28.10.2016.