Shri Neelakant S/O Basalingappa Indishetter v. Shri Shankar S/O Shiddappa Chungadi
Case brief
What is this about?
Additional evidence in appeal; Order 41 Rule 27 CPC; Order 41 Rule 25 CPC reference to trial court; Order 6 Rule 17 CPC amendment of written statement; Section 151 CPC; belatedly discovered documents (diary/book, pension payment order, ID card, Wardi application); registered sale deed dated 25.05.1973; alleged marriage of Siddappa Chungadi with Sharadabai in 1951; purchase of Sy.No.38/1A Mangyankoppa property; roving inquiry unnecessary; suit of 2010 pending 16 years; R.A.No.238/2012; VI Additional District & Sessions Judge Belagavi; Senior Civil Judge Khanapur; Karnataka High Court Dharwad; writ petition GM-CPC; Articles 226 and 227; costs Rs.10,000/-; time-bound directions to trial and appellate courts.
What did the court decide?
Writ petition disposed of: (i) I.A. dated 28.03.2016 filed under Order 41 Rule 27 of CPC allowed, defendants at liberty to raise additional pleadings in support, and the Appellate Court to frame an issue in that regard if necessary; (ii) I.A. under Order 6 Rule 17 of CPC (in connection with the Order 41 Rule 27 application) allowed; (iii) parties to appear before the trial Court on 26.02.2026 and the trial Court to dispose of the application within two months from receipt of the copy of the order; (iv) trial Court records to be sent with the order to the Appellate Court, which shall decide the pending R.A.No.238/2012 within 3 months from receipt of the order; (v) petitioners to file the amended written statement; (vi) costs of Rs.10,000/- imposed; (vii) all I.As. in the petition to stand closed.