Shri. Fakirappa Siddappa Halagatti, v. Smt. Siddavva D/O. Lakshappa Halagatti Since Deceased by Her Lrs Respondent NO.2 to 4 and 6
Case brief
What is this about?
Karnataka High Court Dharwad Bench; RP No.100021/2023 in RSA No.100424/2019; review under Order 47 Rule 1 r/w Section 114 CPC; second appeal; fresh evidence; Order 41 Rule 27 CPC application; Partition Deed; family settlement; question of law; substantial justice; Uma Pandey v. Munna Pandey (2018) 5 SCC 376 distinguished; Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1 para 125 distinguished; cost Rs.3,000/-; error apparent on face of record; Suraj Govindaraj J.; decided 18.02.2025; NC: 2025:KHC-D:3261; Bagalkote; Badami; Bellikhindi; dismissed.
What did the court decide?
The decision in Uma Pandey v. Munna Pandey does not apply to the present facts: there the Partition Deed had been produced before the original Court and its interpretation was considered by the original Court and the first appellate Court, whereas here the document was produced for the first time in the second appeal on the ground that it was not traced out earlier.