Sri Basayya S/O Tirkayya Doddamani v. Smt Shakuntala W/O Shankarayya Pujar
Case brief
What is this about?
Keywords: partition and separate possession; impleading defendants No.5-28; amendment of plaint; want of cause of action/specific prayer; RTC / record of rights entries; non-service of notice; genealogy - Parayya Channayya Pujar, sons Irayya and Gurusiddayya; quantum of share (1/4th of whole vs share confined to Gurusiddayya's half); remand to trial Court; refund of court fee; Section 96 read with Order XLI Rules 1, 2 & 23A CPC and Order 41 Rule 1 CPC; RFA Karnataka Dharwad Bench; O.S.No.186/2013; decided 15.12.2025; NC: 2025:KHC-D:18184-DB.
What did the court decide?
Both appeals allowed; impugned judgment and decree dated 22.01.2020 in O.S.No.186/2013 set aside; suit remanded to the trial Court enabling the plaintiff to amend the plaint regarding defendants No.5 to 28 (subject to limitation); refund of court fee to appellants; parties to appear before the trial Court on 27.01.2026.