Sri. Mahammad Rafiq v. Sri. Viswhanath
Case brief
What is this about?
Partition suit remand; Karnataka High Court Dharwad; RFA No. 100054 of 2020; Section 96 CPC appeal by plaintiffs; Order 41 Rule 27 CPC additional evidence allowed; gift deeds dated 30.04.2010 and 29.11.2010; alienations during pendency of O.S. No. 140/2010 despite temporary injunction; ex parte transferee Haleema (R4) to be heard; amendment of plaint to seek declaration that lis pendens sale deeds are not binding; judgment dated 11.11.2019 of Addl. Civil Judge & JMFC, Mudhol in O.S. No. 128/2016 set aside; parties to appear on 10.12.2025.
What did the court decide?
Appeal allowed: judgment and decree dated 11.11.2019 in O.S. No. 128/2016 set aside and matter remanded to the trial Court for fresh consideration on merits; I.A. No. 1/2025 (additional evidence under Order 41 Rule 27 CPC) allowed; trial Court to permit marking of the four documents and further evidence if required; liberty to plaintiffs to amend the plaint to add a declaration that the pendente lite sale deeds are not binding; Smt. Haleema (R4) to be afforded opportunity to file written statement and adduce evidence; depending on her written statement, subsequent purchasers/defendants No. 1, 2, 3 and 11 to be permitted to file additional written statements if necessary; parties directed to appear before the trial Court on 10.12.2025 without waiting for further notice.