Shri Krishna S/O Maruti Patil Vs Sou. Sunita W/O Bajirao Desai

SHRI KRISHNA S/O. MARUTI PATIL, AGE: 41 YEARS, OCC: AGRICULTURE AND HOTEL BUSINESS, R/O. HOUSE NO.932, SHIVAJI NAGAR, MUTAGA, TQ AND DIST: BELAGAVI-591124.

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…APPELLANT

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(BY SRI. Y.K. DIVATE, ADVOCATE)

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YASHAVANT NARAYANKAR

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Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD

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AND:

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SOU. SUNITA W/O. BAJIRAO DESAI, AGE: 41 YEARS, OCC: HOUSEWIFE, R/O. C/O. BAJIRAO S/O. VITHAL DESAI, AT. JAMBUL WADI, TQ: GADHINGALAJ, DIST: KOLHAPUR-568 030.

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SHRI MARUTI S/O. MAHADEV PATIL, AGE: 73 YEARS, OCC: NIL, R/O. MUTAGA, TQ & DIST: BELAGAVI-591124.

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SMT. LAXMI W/O. MARUTI PATIL, AGE: 65 YEARS, OCC: HOUSEHOLD, R/O. MUTAGA, TQ & DIST: BELAGAVI-591124.

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SHRI BHAURAO S/O. MARUTI PATIL, AGE: 33 YEARS, OCC: AGRICULTURE, R/O. SHIVAJI GALLI, MUTAGA, TQ & DIST: BELAGAVI-591124.

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SMT. SANJANA @ MEENA W/O. SANDESH PATIL, AGE: 38 YEARS, OCC: HOUSEHOLD, NOW R/O. 5^TH CROSS, SHASTRI NAGAR, BELAGAVI, TQ & DIST: BELAGAVI-590016.

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SHRI YALLAPPA S/O. MAHADEV PATIL, AGE: 63 YEARS, OCC: AGRICULTURE, R/O. SHIVAJI NAGAR, MUTAGA, TQ & DIST: BELAGAVI-591124.

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SHRI JAYAWANT S/O. MAHADEV PATIL, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. MARUTI GALLI, MUTAGA, TQ & DIST: BELAGAVI-591124.

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SHRI BHAVAKANA S/O. BHAIRU PATIL, AGE: 73 YEARS, OCC: AGRICULTURE, R/O. SHIVAJI GALLI, MUTAGA, TQ & DIST: BELAGAVI-591124.

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SHRI BALARAM S/O. BHAIRU PATIL, AGE: 68 YEARS, OCC: BUSINESS, R/O. MUTAGA, TQ & DIST: BELAGAVI-591124. NOW R/O. R.S. NO.297, NEW GOODSHED ROAD, NEAR NARTHAKI TALKIES, OLD P.B. ROAD, BELAGAVI,

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TAL & DIST: BELAGAVI-590016.

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SHRI ASHOK S/O. BHAIRU PATIL, AGE: 57 YEARS, OCC: SERVICE, R/O. SHIVAJI NAGAR, MUTAGA, TQ & DIST: BELAGAVI-591124.

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SHRI TANAJI S/O. BHAIRU PATIL, AGE: 55 YEARS, OCC: PVT. SERVICE, R/O. MAIN ROAD, MUTAGA, TQ & DIST: BELAGAVI-591124.

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SHRI SAMBHAJI S/O. BHAIRU PATIL, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. SHIVAJI GALLI, MUTAGA, TQ & DIST: BELAGAVI-591124.

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SHRI NARAYAN S/O. HANMANT PATIL, AGE: 53 YEARS, OCC: AGRICULTURE, R/O. SHIVAJI GALLI, MUTAGA, TQ & DIST: BELAGAVI-591124.

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SHRI GANAPATI S/O. HANAMANTH PATIL, AGE: 61 YEARS, OCC: AGRICULTURE, R/O. SHIVAJI GALLI, MUTAGA, TQ & DIST: BELAGAVI-591124.

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SHRI MITHUN S/O. NARAYAN PATIL, AGE: 33 YEARS, OCC: AGRICULTURE, R/O. MARUTI GALLI, MUTAGA, TQ & DIST: BELAGAVI-591124.

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SHRI ABHIJEET S/O. NARAYAN PATIL, AGE: 30 YEARS, OCC: BUSINESS, R/O. MARUTI GALLI, MUTAGA,

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TQ & DIST: BELAGAVI-591124.

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SHRI SHIVAJI S/O. BHAIRU PATIL, AGE: 71 YEARS, OCC: BUSINESS, R/O. 5^TH CROSS, SHASTRI NAGAR, BELAGAVI, TAL & DIST: BELAGAVI-590002.

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…RESPONDENTS

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(BY SRI. VINAY S. KOUJALAGI, ADVOCATE FOR R1; SRI. R.M. HIREMATH AND SRI. SUJEET S. HIREMATH, ADVOCATES FOR R2-R4; NOTICE TO R5-R17 SERVED)

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THIS RFA FILED UNDER SECTION 96 (1) READ WITH ORDER 41 OF CPC., PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DATED 14.06.2022 PASSED IN O.S.NO.59/2019 BY THE COURT OF IV ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BELAGAVI, AT BELAGAVI AND THEREBY DISMISSED THE SUIT OF THE RESPONDENT NO.1 BY IMPOSING THE COST, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN RFA CROSS OBJ. NO. 100014/2025 (PAR/POS-) BETWEEN:

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SHRI MARUTI S/O. MAHADEV PATIL, AGE: 76 YEARS, OCC: NIL, R/O. SHIVAJI NAGAR, MUTAGA, TQ: DIST: BELAGAVI-591124.

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SMT. LAXMI W/O. MARUTI PATIL, AGE: 68 YEARS, OCC: HOUSEWIFE, R/O. MUTAGA, TQ: DIST: BELAGAVI-591124.

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SHRI BHAURAO S/O. MARUTI PATIL, AGE: 36 YEARS, OCC: AGRICULTURE & BUSINESS, R/O. SHIVAJI NAGAR, MUTAGA,

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TQ: DIST: BELAGAVI-591124.

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…CROSS OBJECTORS

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(BY SRI. R.M. HIREMATH & SRI. SUJEET S. HIREMATH, ADVOCATES)

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AND:

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SHRI KRISHNA S/O. MARUTI PATIL, AGE: 43 YEARS, OCC: BUSINESS, R/O. H.NO.932, SHIVAJI NAGAR, MUTAGA, TQ: DIST: BELAGAVI-591124.

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SMT. SUNITA W/O. BAJIRAO DESAI, AGE: 43 YEARS, OCC: HOUSEWIFE, R/O. JAMBUL WADI, TQ: GADHINGALAJ, DIST: KOLHAPUR-416502.

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SMT. SANJANA @ MEENA W/O. SANDESH PATIL, AGE: 40 YEARS, OCC: HOUSEWIFE, NOW AT R/O. 5^TH CROSS, SHASTRI NAGAR, BELAGAVI, TQ: DIST: BELAGAVI-590016.

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SHRI YALLAPPA S/O. MAHADEV PATIL, AGE: 66 YEARS, OCC: AGRICULTURE, R/O. SHIVAJI NAGAR, MUTAGA, TQ: DIST: BELAGAVI-591124.

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SHRI JAYAVANT S/O. MAHADEV PATIL, AGE: 61 YEARS, OCC: AGRICULTURE, R/O. MARUTI NAGAR, MUTAGA, TQ: DIST: BELAGAVI-591124.

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SHRI BHAVAKANNA S/O. BHAIRU PATIL, AGE: 76 YEARS, OCC: AGRICULTURE, R/O. SHIVAJI NAGAR, MUTAGA,

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TQ: DIST: BELAGAVI-591124.

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SHRI BALIRAM S/O. BHAIRU PATIL, AGE: 71 YEARS, OCC: BUSINESS, R/O. SHIVAJI NAGAR, MUTAGA, TQ: DIST: BELAGAVI-591124. NOW R/O. R.S. NO.297, NEW GOODSHED ROAD, NEAR NARTHAKI TALKIES, OLD P.B. ROAD, BELAGAVI, TAL & DIST: BELAGAVI-590016.

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SHRI ASHOK S/O. BHAIRU PATIL, AGE: 60 YEARS, OCC: SERVICE, R/O. SHIVAJI NAGAR, MUTAGA, TQ: DIST: BELAGAVI-591124.

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SHRI TANAJI S/O. BHAIRU PATIL, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. MAIN ROAD, MUTAGA, TQ: DIST: BELAGAVI-591124.

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SHRI SAMBHAJI S/O. BHAIRU PATIL, AGE: 53 YEARS, OCC: AGRICULTURE, R/O. SHIVAJI NAGAR, MUTAGA, TQ: DIST: BELAGAVI-591124.

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SHRI NARAYAN S/O. HANMANT PATIL, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. SHIVAJI NAGAR, MUTAGA, TQ: DIST: BELAGAVI-591124.

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SHRI GANAPATI S/O. HANAMANTH PATIL, AGE: 64 YEARS, OCC: AGRICULTURE, R/O. SHIVAJI NAGAR, MUTAGA, TQ: DIST: BELAGAVI-591124.

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SHRI MITHUN S/O. NARAYAN PATIL, AGE: 36 YEARS, OCC: AGRICULTURE, R/O. MARUTI GALLI, MUTAGA, TQ: DIST: BELAGAVI-591124.

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SHRI ABHIJEET S/O. NARAYAN PATIL, AGE: 33 YEARS, OCC: AGRICULTURE, R/O. MARUTI GALLI, MUTAGA, TQ: DIST: BELAGAVI-591124.

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SHRI SHIVAJI S/O. BHAIRU PATIL, AGE: 74 YEARS, OCC: BUSINESS, NOW AT R/O. 5^TH CROSS, SHASTRI NAGAR, BELAGAVI, TAL: DIST: BELAGAVI-590002.

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…RESPONDENTS

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THIS RFA.CROB IN RFA NO.100015/2025 IS FILED UNDER ORDER 41 RULE 22 OF CPC PRAYING TO SET ASIDE PART OF THE JUDGMENT AND DECREE DATED 14.06.2022 PASSED IN O.S. NO.59/2019 BY IV ADDL. SENIOR CIVIL JUDGE AND JMFC COURT BELAGAVI, DENYING PARTITION IN RESPECT OF ITEM NOS.1 AND 2 PROPERTIES IN SUIT SCHEDULE-B WITH FINDING THAT DEFENDANT NO.3 IS ABSOLUTE OWNER OF THOSE SUIT PROPERTIES BY VIRTUE OF REGISTERED GIFT DEED AND REMANDING THE MATTER TO TRIAL COURT WITH APPROPRIATE DIRECTIONS TO ENSURE FAIR TRIAL EXTENDING OPPORTUNITY TO ALL THE PARTIES, TO SUBMIT THEIR PLEADINGS AND EVIDENCE AND ETC.

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THIS APPEAL AND CROSS OBJECTION COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

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The RFA No.100015/2023 is filed by the appellant/ defendant No.3 calling in question the judgment and decree dated 14.06.2022 passed in O.S.No.59/2019 by the IV-Additional Senior Civil Judge & JMFC., Belagavi¹ , whereunder the suit for partition and separate possession filed by the respondent No.1/plaintiff has been decreed by the Trial Court.

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For the sake of convenience, the parties shall be

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referred to as per their rank before the Trial Court.

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It is the case of the plaintiff that the propositusMahadev Yallappa Patil and his wife Smt.Parvati Mahadev Patil had three sons viz., Maruti (defendant No.1), Jaywant (defendant No.7) and Yallappa (defendant No.6). The plaintiff is the daughter of defendant No.1. Defendant No.2 is the wife of defendant No.1 and defendant Nos.3 to 5 are the other siblings of the plaintiff, being children of defendant Nos.1 and 2. That, the propositus-Mahadev Yallappa Patil died in the year 2000 and his wife Smt.Parvati Mahadev Patil died 16 years prior to filing

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1 Hereinafter referred to as ‘the Trial Court’

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the suit. It is further case of the plaintiff that the joint family headed by the propositus owned agricultural lands, which have been detailed in schedule-A as item Nos.1 to 12 and he also owned house properties, which have been detailed as item Nos.1 to 3 of schedule-B to the plaint. The plaintiff has filed the suit for partition and separate possession of the said joint family properties.

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3.1 The defendant Nos.1 to 3 and 5 entered appearance in the suit and filed their written statement. Defendant No.6 appeared in the suit in person but did not contest the suit. In the written statement filed by the defendant Nos.1 to 3 and 5, they have admitted the relationship but have denied the case put forth by the plaintiff that the suit schedule properties are the joint family properties. Further, various contentions have been taken in the written statement as to the mode and manner of acquisition of the properties. It is further specifically contended that the plaintiff has not impleaded all the family members in the suit.

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Based on the pleadings of the parties, the Trial Court framed five issues.

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The plaintiff examined herself as PW1 and marked Exs.P1 to P19. The defendant No.3 examined himself as DW1 and got marked Exs.D1 to D12. Ex.D1 was marked through confrontation to PW1. The Trial Court by its judgment and decree dated 14.06.2022 decreed the suit and passed the following:

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“ORDER

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The suit of plaintiff is hereby partly decreed.

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The plaintiff is entitled for the partition and separate possession of 1/100th share in suit ‘A’ property and 1/5th share in GPC 932 of suit ‘B’ property.

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However, the suit in respect of Sl. No. 1 & 2 of suit ‘B’ property is hereby dismissed.

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The branches of late. Yallappa Patil, i.e late. Bhairu is allotted with 1/4th share, the second branch late. Mahadev Patil with 1/4th share, the third branch late. Hanmant with 1/4th share and fourth branch late. Laxman with 1/4th share.

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The plaintiff shall implead the daughters of late. Bhairu by name Shanta and Sakubai, the daughters of late. Mahadev by name Laxmi & Jeejabai, the daughters of late. Hanmant by name Laxmi & Indu and daughter of late. Laxman by name Masnakka, Bharata, Savita, Avubai, Sarita, Kalpana & Reshma or their legal heirs as the case may be in the final decree proceedings.

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No order as to costs.

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Draw preliminary decree accordingly.”

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Being aggrieved, the present appeal is filed by the defendant No.3.

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Along with the above appeal, the appellant/defendant No.3 has, inter alia , filed I.A.No.1/2023 under Order XLI Rule 27 read with Section 151 of the Code of Civil Procedure, 1908² to permit the appellant/defendant No.3 to produce true copies of two unregistered sale deeds dated 26.08.2003 and 20.11.2003.

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Heard the submissions of the learned counsel for the appellant/defendant No.3, learned counsel for respondent No.1/plaintiff and learned counsel for respondent Nos.2 to 4/defendant Nos.1, 2 and 4. On perusal of the material on record, the following questions arise for our consideration:

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(i) Whether I.A.No.1/2023 filed by the appellant/defendant No.3 deserves to be allowed?

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(ii) Whether the impugned judgment and decree passed by the Trial Court is liable to be interfered with?

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2 Hereinafter referred to as ‘CPC’

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Reg. Question No.(i):

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It is the contention of the learned counsel for the appellant/defendant No.3 that the Trial Court has recorded a finding that the appellant/defendant No.3 has not placed any evidence to show the acquisition of the properties and he has not specifically pleaded with regard to the same. In that context, the learned counsel submits that along with I.A.No.1/2023 copies of two unregistered sale deeds dated 26.08.2003 and 20.11.2003 have been filed and the mode and manner of acquisition of the properties as averred by the appellant/defendant No.3 is sought to be placed on record. Hence, the learned counsel for the appellant/defendant No.3 seeks for allowing I.A.No.1/2023 and remanding the matter to the Trial Court to enable the defendants to produce adequate/appropriate evidence with regard to the mode and manner of acquisition of the properties.

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Learned counsel for the respondent No.1/plaintiff also submits that since appellant/defendant No.3 has produced additional documents vide I.A.No.1/2023 and since additional evidence is sought to be adduced, the respondent No.1/plaintiff has no objection for remand of the matter.

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Learned counsel for the respondent Nos.2 to 4/defendant Nos.1, 2 and 4 submits that the said defendant Nos.1, 2 and 4 did not cross-examine either PW1 or DW1 and they also did not adduce oral or documentary evidence. Hence, he seeks for remand of the matter as also for an opportunity to cross-examine PW1 and DW1 as well as lead oral and documentary evidence. It is also submitted by the learned counsel for the respondent Nos.2 to 4 that these respondents have also filed the RFA Crob. No.100014/2025 and in the event if the matter is remanded to the Trial Court and the opportunity as sought for is granted, the cross-objection be disposed of as not pressed.

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Along with the above appeal, I.A.No.1/2023 is filed by the appellant/defendant No.3 seeking leave of this Court to produce two unregistered sale deeds dated 26.08.2003 and 20.11.2003. It is deposed by the appellant/defendant No.3 in the affidavit filed in support of the application that the properties mentioned in the unregistered sale deeds dated 26.08.2003 and 20.11.2003 were purchased by appellant/defendant No.3 pursuant to which his name was entered in the Gram Panchayat

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extracts as absolute owner. It is further deposed that he could not produce the documents before the Trial Court and that he has paid the stamp duty by producing the unregistered sale deeds before the District Registrar, Belagavi and thereafter produced the same vide the present application. It is further deposed that he is in actual possession of the properties purchased by him vide the sale deeds dated 26.08.2003 and 20.11.2003 and has constructed a house in the said property.

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No objections have been filed to I.A.No.1/2023.

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Having regard to the fact that the appellant/ defendant No.3 has filed I.A.No.1/2023 producing two documents, as noticed above, and since the he is claiming right, title and interest with respect to the suit properties through the said documents, it is just and proper that the application be allowed and the documents be taken on record. Hence, question No.(i) is answered in the ‘affirmative’ .

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Reg. Question No.(ii):

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Although various contentions have been urged on the merits of the matter, in view of the joint submissions made by

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the learned counsel for the parties, as noticed above, and since I.A.No.1/2023 has been allowed, it is just and proper that the appeal be allowed by setting aside the judgment and decree passed by the Trial Court and the matter remanded back to the Trial Court for fresh consideration in accordance with law. Accordingly, question No.(ii) framed for consideration is answered in the ‘affirmative’ .

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16. Hence, the following:

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ORDER

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(i) I.A.No.1/2023 is allowed and the documents

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produced along with the said application are taken on record.

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(ii) The RFA No.100015/2023 filed by the appellant/defendant No.3 is allowed.

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(iii) The judgment and decree dated 14.06.2022 passed in O.S.No.59/2019 by the IV-Additional

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Senior Civil Judge & JMFC., Belagavi is hereby set

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aside and the matter is remanded back to the Trial Court.

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(iv) The appellant/defendant No.3, respondent No.1/plaintiff and respondent Nos.2 to 4/ defendant Nos.1, 2 and 4 shall appear before the Trial Court on 15.10.2025 without requirement of any further notice, being issued in this regard.

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(v) The parties are at liberty to file interlocutory applications, if desired.

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(vi) Consequent to the appearance of the parties, the Trial Court shall permit the parties to adduce oral and documentary evidence and to file appropriate interlocutory applications, if any, which shall be considered by the Trial Court in accordance with law.

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