- 1 - HC-KAR NC: 2025:KHC-D:9785-DB RFA No. 100347 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 100347 OF 2019 (DEC/INJ-) BETWEEN: 1. SRI. BABU S/O. KHEMAPPA LAMANI, AGE: 75 YEARS, OCC: AGRICULTURE, R/O: MUCHAKHANDI L.T.NO.1, TQ/DIST: BAGALKOTE-587111. 2. SMT. SEETABAI W/O. SHIVAPPA LAMANI, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O: RAMDURG, DIST: BELAGAVI-590001. 3. SMT. SHANTABAI W/O. MONAPPA LAMANI, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O: KOPPA L.T., TQ: MUDDEBIHAL, DIST: VIJAYAPURA-583231. 4. KRISHNAPPA S/O. BABU LAMANI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: MUCHAKHANDI L.T.NO.1, TQ/DIST: BAGALKOTE-587111. &APPELLANTS (BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE) AND: [1. SMT. SHANTABAI W/O. GONAPPA LAMANI, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O: MUCHAKHANDI L.T.NO.1, TQ/DIST: BAGALKOTE-587111.] YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9785-DB RFA No. 100347 of 2019 AMENDED VIDE ORDER HON9BLE COURT ORDER DATED 05/08/2025, RESPONDENT NO.1 IS REPRESENTED BY R2 AND R3 AS LR9S OF DECEASED RESPONDENT NO.1 2. SMT. LALITABAI W/O. THARANATH SITIMANI, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. MINAKSHI CHOUKI, VIJAYAPURA-586101. 3. SURESH S/O. GONAPPA LAMANI AGE: 40 YEARS, OCC: SERVICE IN SALE TAX DEPARTMENT, DISTRICT ADMINISTRATIVE OFFICE, NAVANAGAR, BAGALKOTE, R/O: MUCHAKHANDI L.T.NO.1, TQ/DIST: BAGALKOTE, HALLUR, TQ: BAGALKOTE-587111. &RESPONDENTS (BY SRI. VISHWANATH V. BADIGER, ADVOCATE FOR R2 & R3; R1 DIED, R2 & R3 LRS OF R1) THIS APPEAL IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 15.12.2018 PASSED BY THE IST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC BAGALKOT IN O.S.NO.82/2016 AND CONSEQUENTLY BE PLEASED TO ALLOW THE SUIT FILED BY THE APPELLANTS AS PRAYED FOR HEREIN PENDING ON THE FILE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC BAGALKOT IN O.S.NO.82/2016 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC-D:9785-DB RFA No. 100347 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE JUSTICE C.M. POONACHA) The present appeal is filed under Section 96 of the Code of Civil Procedure, 19081, by the appellants/plaintiffs challenging the judgment and decree dated 15.12.2018 passed in O.S.No.82/2016 on the file of I Additional Senior Civil Judge and JMFC, Bagalkot2, whereunder, the suit for declaration and injunction filed by the plaintiffs has been dismissed by the Trial Court. 2. The plaintiffs claimed title to the properties bearing R.S.Nos.195/1 and 172/1, situated at Muchakhadi village, by virtue of regrant and also claimed ownership of the property bearing R.S.No.172/2 by virtue of purchase. It is the case of the plaintiffs that the defendant No.1 has got created the revenue records and has started claiming right, title and interest in respect of the suit properties. 3. The defendants entered appearance and contested the suit. The Trial Court, consequent to the pleadings of the parties, framed seven issues and one additional issue. After 1 Hereinafter referred to as the 8CPC9 2 Hereinafter referred to as the 8Trial Court9 - 4 - HC-KAR NC: 2025:KHC-D:9785-DB RFA No. 100347 of 2019 trial, the Trial Court, vide judgment dated 15.12.2018, dismissed the suit, primarily noticing the fact that, except Ex.P1, which is the certified copy of M.E.No.1309 and other revenue records, the plaintiffs have not produced any other documents to demonstrate their assertion of right, title and interest in respect of the suit properties. 4. Being aggrieved, the plaintiffs have filed the above appeal. Along with the appeal, the plaintiffs have filed I.A.No.1/2024 under Order XLI Rule 27 of the CPC seeking leave of this Court to produce documents annexed along with the said application. It is deposed in the affidavit accompanying the application that the appellants, being ignorant and illiterate village dwellers, not having knowledge of the legal procedure, did not produce the documents in the proceedings before the Trial Court. That, after dismissal of the suit, the appellants/plaintiffs, having secured the grant of orders and other documents, has filed the same along with the present application. 5. I.A.No.1/2024 filed along with the above appeal is vehemently opposed by the respondents. - 5 - HC-KAR NC: 2025:KHC-D:9785-DB RFA No. 100347 of 2019 6. The learned counsel for the appellants contends that the grant orders dated 10.06.1965 and 04.06.1966 as also certified copy of the Sale Deed dated 14.06.1973 have been produced along with I.A.No.1/2024. It is the case of the plaintiffs that they are the absolute owners of the suit properties, as is forthcoming from the records produced along with the appeal. 7. Although, the learned counsel for the respondents opposes the application, it is alternatively contended that the respondents/defendants did not have an opportunity to contest the case of the plaintiffs9 vis-à-vis the documents now sought to be produced along with the I.A.No.1/2024. 8. Having heard the submissions of both the learned counsels, the following questions arise for consideration? i) Whether I.A.No.1/2024 is required to be allowed? ii) Whether the judgment and decree passed by the Trial Court requires interference in the present appeal? - 6 - HC-KAR NC: 2025:KHC-D:9785-DB RFA No. 100347 of 2019 Regarding Question No.(i): 9. The plaintiffs have filed the suit for declaration and injunction. The Trial Court dismissed the suit primarily on the ground that, the documents on the basis of which the plaintiffs seek to assert title to the suit properties have not been produced. In the affidavit filed along with the application, the appellant No.4/plaintiff No.4 has deposed that, due to illiteracy and ignorance of the legal procedures, the documents were not produced before the Trial Court. In the considered opinion of this Court, it is just and proper that the said documents be taken on record by allowing the application. Accordingly, I.A.No.1/2024 is allowed. The documents produced along with the application are taken on record. Question No.(i) framed for consideration is answered in the affirmative. Regarding Question No.(ii): 10. The plaintiffs having filed the suit for declaration and injunction. The primary ground for the Trial Court to dismiss the suit is, non-production of the relevant documents on the basis of which, title is sought to be asserted by the plaintiffs. The appellants/plaintiffs having produced the - 7 - HC-KAR NC: 2025:KHC-D:9785-DB RFA No. 100347 of 2019 documents along with I.A.No.1/2024 and the said application having been allowed, the documents annexed along with the said application have been taken on record. In view of the same, it is just and appropriate that the plaintiffs be afforded another opportunity to prove their case as well as the defendants be afforded an opportunity to contest the case of the plaintiff. For the said purpose, the judgment and decree passed by the Trial Court is required to be set aside and the matter is to be remanded to the Trial Court for fresh consideration in accordance with law. Accordingly, question No. (ii) is answered in the 8affirmative9. 11. Hence, the following: ORDER i) I.A.No.1/2024 is allowed and the documents produced along with the said application are taken on record; ii) The above appeal is allowed; iii) The judgment and decree dated 15.12.2018 passed in O.S.No.82/2016 on the - 8 - HC-KAR NC: 2025:KHC-D:9785-DB RFA No. 100347 of 2019 file of I Additional Senior Civil Judge and JMFC, Bagalkot, is set aside and matter is remitted back to the Trial Court for fresh consideration in accordance with law; iv) All the parties shall appear before the Trial Court on 29.09.2025 without requirement of any further notice being issued in this regard; v) Consequent to the appearance of the parties, the Trial Court shall afford another opportunity to the parties to adduce further evidence and conduct further proceedings in the suit in accordance with law; vi) All rival contentions of the parties on the merits of the matter are kept open; vii) The parties shall co-operate with the Trial Court for expeditious disposal of the suit; viii) Registry to transmit I.A.No.1/2024 along with the documents annexed to the said - 9 - HC-KAR NC: 2025:KHC-D:9785-DB RFA No. 100347 of 2019 application together with the records of the Trial Court to the Trial Court forthwith. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP CT-MCK List No.: 1 Sl No.: 25