- 1 - HC-KAR NC: 2025:KHC-D:15003 WP No. 108162 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108162 OF 2025 (GM-CPC) BETWEEN: ISHWARAPPA S/O BASAPPA ANCHATGERI, AGE ABOUT 68 YEARS, OCC. AGRICULTURE, R/O. BIDNAL VILLAGE, TQ. HUBBALLI, DIST. DHARWAD, PIN CODE-580 038 … PETITIONER (BY SRI. RAJASHEKHAR B. HALLI, ADVOCATE) AND: 1. GULAPPA S/O GANAPATEPPA SHINDHE, AGE ABOUT 79 YEARS, OCC. AGRICULTURE, R/O. ITIGATTI VILLAGE, TQ. AND DIST. DHARWAD, PIN CODE-580 038. 2. GIRIDHAR S/O TIRUMALLAYYA GANJI, AGE ABOUT 48 YEARS, OCC. AGRICULTURE, R/O. KESHWAPUR, TQ. HUBBALLI, DIST. DHARWAD, PIN CODE-580 008. 3. ASHOK S/O MAHADEVAPPA YADAVANNAVAR, AGE ABOUT 49 YEARS, OCC. AGRICULTURE, R/O. BHANDIWAD VILLAGE, TQ. HUBBALLI, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15003 WP No. 108162 of 2025 DIST. DHARWAD, PIN CODE-580 002. 4. THE TAHSILDAR, DHARWAD TALUKA, DIST. DHARWAD-580 024. 5. THE REVENUE INSPECTOR, DHARWAD TALUKA, DHARWAD-580 024. 6. THE VILLAGE ACCOUNTANT, ITIGATTI VILLAGE, DHARWAD TALUK, DHARWAD DISTRICT, PIN CODE-580 025. … RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA R4 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION, QUASHING THE ORDER ON I.A. NO.8 UNDER SECTION 151 OF CIVIL PROCEDURE CODE DATED 27.09.2025 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSION JUDGE DHARWAD IN R.A. NO.210/2015 PRODUCED AT ANNEXURE-J IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15003 WP No. 108162 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the order dated 27.09.2025 passed on I.A.No.8 filed under Section 151 of the Code of Civil Procedure, 19081, in R.A.No.210/2015 by the IV Additional District Judge, Dharwad2. 2. The First Appellate Court rejected the application filed by the appellant seeking to re-open the case at the appellate stage, to lead further evidence, and to produce document filed along with an application under Order XLI Rules 27 and 28 of the CPC. 3. It is relevant to notice that this Court, by order dated 01.09.2021 in RSA No.101031/2016 between the same parties arising out of R.A.No.210/2015, had allowed the appeal and remanded the matter with the following direction: ORDER “The RSA No.101031/2016 is hereby allowed. 1 Hereinafter referred to as the ‘CPC’ 2 Hereinafter referred to as the ‘First Appellate Court’ - 4 - HC-KAR NC: 2025:KHC-D:15003 WP No. 108162 of 2025 The judgment and decree in R.A.No.210/2015 dated 25.10.2016 passed by the IV Addl. District and Sessions Judge, Dharwad is hereby set aside and remanded to the First Appellate Court to consider the appeal afresh on its merits together considering the application filed under Order XLI Rule 27 of CPC for additional evidence by following the procedure as contemplated under Rules 27 and 28 of Order XLI of CPC and also following the dictum of Hon’ble Apex Court on this point. No order as to costs.” 4. This Court has made it clear that an application for production of additional document shall be considered along with the merits of the matter, by following the procedure contemplated under Order XLI Rules 27 and 28 of the CPC. 5. This being the position needless to say that application has to be heard along with the merits of the appeal. Hence, the First Appellate Court was justified in dismissing the application, to reopen the case to lead evidence. 6. It is made clear that whether the additional evidence is to be considered or not is a decision to be taken by the Appellate Court while deciding the appeal on merits. - 5 - HC-KAR NC: 2025:KHC-D:15003 WP No. 108162 of 2025 7. With these observations, the writ petition is dismissed. 8. If the respondents are aggrieved by any of the observations made by this Court in this order, they are at liberty to move this Court for modification, as this order has been passed without hearing the respondents. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 35