Goudra Channabasappa Js/O Sidramappa v. Goudra Sidramana Gouda @
Case brief
What is this about?
Karnataka High Court, Dharwad Bench; MSA No. 100074 of 2019; decided 15-07-2025 by Justice Hanchate Sanjeevkumar. Second appeal by plaintiffs in a partition and separate possession suit against the First Appellate Court's remand order recasting issues and setting aside the trial Court's decree. Key points: necessity of framing issues where absent from the original issue-framing — defendants 1 to 4's possession claim through registered Will, and defendant 5's bona fide purchase of item Nos.9 and 10; recasted issues specific despite apparent repetition; remand with liberty for additional evidence sustained; appeal dismissed, no costs. Filed under Section 43 Rule 1 (U) read with Section 100 of CPC. Keywords: recast of issues, remand, partition, registered Will, bona fide purchaser, joint family ancestral property, Section 100 CPC.
What did the court decide?
No issue had been framed by the trial Court in the suit on the aspect that defendant Nos.1 to 4 are claiming their right of possession through a registered Will, nor on whether defendant No.5 is a bona fide purchaser of item Nos.9 and 10 of the suit schedule properties.