Smt. G. N. Lakshmi v. Sri Nagaraj @ Nagarajappa
Regular Second Appeal under Section 100 CPC (RSA No.245 of 2025, PAR) – High Court of Karnataka, Bengaluru
Case brief
What is this about?
Karnataka HC Bengaluru, RSA No.245/2025 (PAR), H.P. Sandesh J., oral judgment dated 04.12.2025; second appeal under S.100 CPC against concurrent findings in partition suit O.S.No.455/2015 (Malur) by daughter against father who denied relationship; suit dismissed for plaintiff's failure to complete further chief/cross-examination (Order 17 Rule 2 CPC); first appeal R.A.No.18/2021 (decreed 30.10.2024) dismissed though application under Order 41 Rule 27 read with Section 151 CPC filed with medical records, SSLC/PUC marks cards, Aadhaar and election ID; HC finds error in not framing point for consideration on the application; appeal allowed, judgment set aside, remand to First Appellate Court to dispose on merits within six months, recording evidence itself if needed; appearance fixed 05.01.2026; cost Rs.10,000/- payable by appellant, vesting with State.
What did the court decide?
Regular second appeal allowed; impugned judgment of the First Appellate Court set aside and matter remitted to the First Appellate Court to consider the Order 41 Rule 27 read with Section 151 CPC application and dispose of the appeal on merits (itself recording evidence and giving findings on the documents and the claim, if needed, instead of remanding to the Trial Court); appellant and counsel directed to appear before the First Appellate Court on 05.01.2026; First Appellate Court to issue notice to the respondent and dispose of the appeal within six months of the respondent's appearance; Registry to send records to the First Appellate Court; appellant to pay cost of Rs.10,000/- before the First Appellate Court, vesting with the State.