Sri. Raghavendra S/O Honnappa Kannanayakar, v. Smt. Honnamma W/O Hanamanthappa Kooler
Civil procedure – Judgment – Compliance with Order XX Rule 5 CPC
Case brief
What is this about?
Karnataka High Court, Dharwad Bench (NC: 2025:KHC-D:10106), RFA No.100009 of 2018 (PAR/POS-), decided 12.08.2025 by Justice Ashok S. Kinagi (single bench). Regular First Appeal under Order 41 Rule 1 read with Section 96 CPC against a preliminary decree in a partition and separate possession suit (O.S. No.82/2013, Ranebennur; Hindu joint family genealogy; claims of ancestral-nucleus purchases, self-acquisitions, 1980 family division, court award and exchange/mutation entries, R.A. No.68/2008 compromise). Appeal allowed on pure procedure: trial Court judgment held non-compliant with Order XX Rule 5 CPC for failure to appreciate entire evidence (DWs.1-2 discarded without reasons; PWs.2-3 undiscussed; Exs.D1-D21 and plaintiffs' documents ignored; only Ex.D-22 and Ex.D-23 considered); judgment and preliminary decree set aside; suit restored and remanded for fresh judgment per Order XX Rule 5; no adjudication on merits; contentions kept open. Keywords: partition, separate possession, preliminary decree, Order XX Rule 5 CPC, remand, restoration, evidence appreciation, Ranebennur, Haveri.