Sri. Channayya S/O. Irayya Pujar v. Smt. Shankuntala W/O Shankarayya Pujar
Case brief
What is this about?
Partition and separate possession suit O.S.186/2013, Dharwad; RFAs 100113/2022 and 100441/2023 clubbed; impleading of defendants 5–28 without averments or specific prayer in amended plaint; non-service of notice; suit liable to rejection for defective plaint; remand for amendment application subject to limitation; set-aside of partial decree granting 1/4th share; genealogy-based share objection (two branches of Parayya Pujar); direction to appear 27.01.2026; refund of court fee; Karnataka HC Dharwad, 15.12.2025, per R. Devdas with B. Muralidhara Pai.
What did the court decide?
Both regular first appeals allowed; judgment and decree dated 22.01.2020 in O.S. No.186/2013 set aside; matter remanded to the trial Court permitting the plaintiff to seek amendment of the plaint (cause of action against defendants No.5 to 28, additional prayer if necessary, subject to limitation); parties to appear before the trial Court on 27.01.2026 without fresh notice; appellants entitled to refund of Court fee; pending applications disposed of.