Shri Maruti S/O Mahadev Patil v. Shri Krishna S/O Maruti Patil
Case brief
What is this about?
Partition suit O.S.No.59/2019 Belagavi; joint family property of propositus Mahadev Yallappa Patil; preliminary decree shares (1/100th suit 'A'; 1/5th GPC 932 suit 'B'); registered gift deed claim by defendant No.3 over schedule-B items 1 and 2; additional evidence application I.A.No.1/2023 under Order XLI Rule 27 r/w Section 151 CPC; two unregistered sale deeds dated 26.08.2003 and 20.11.2003; remand for fresh trial; RFA allowed and decree set aside; cross-objection under Order 41 Rule 22 CPC by defendant Nos.1, 2 and 4; defendants did not cross-examine PW1/DW1; Karnataka High Court Dharwad; decided 17.09.2025; appearance fixed 15.10.2025; contentions kept open.
What did the court decide?
RFA No.100015/2023 allowed; I.A.No.1/2023 allowed and the documents produced therewith taken on record; judgment and decree dated 14.06.2022 in O.S.No.59/2019 set aside and matter remanded to the Trial Court; appellant/defendant No.3, respondent No.1/plaintiff and respondent Nos.2 to 4/defendant Nos.1, 2 and 4 to appear before the Trial Court on 15.10.2025 without further notice; parties at liberty to file interlocutory applications and to adduce oral and documentary evidence; Registry to transmit Trial Court records together with the documents produced along with I.A.No.1/2023; parties to co-operate for expeditious proceedings; all contentions kept open.