Ishwarappa S/O Basappa Anchatgeri vs Gulappa S/O Gangapateppa Shindhe
2025 Latest Caselaw 9776 Kant

Citation : 2025 Latest Caselaw 9776 Kant
Judgement Date : 4 November, 2025

Karnataka High Court

Ishwarappa S/O Basappa Anchatgeri vs Gulappa S/O Gangapateppa Shindhe on 4 November, 2025

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                                                           NC: 2025:KHC-D:15003
                                                         WP No. 108162 of 2025


                        HC-KAR




                      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,
Digitally signed by
                            R/O. ITIGATTI VILLAGE,
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH              TQ. AND DIST. DHARWAD,
COURT OF
KARNATAKA
DHARWAD BENCH               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,
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                                     NC: 2025:KHC-D:15003
                                  WP No. 108162 of 2025


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     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:
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                                                    WP No. 108162 of 2025


    HC-KAR




                         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.

Hereinafter referred to as the 'CPC'

Hereinafter referred to as the 'First Appellate Court'

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HC-KAR

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.

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HC-KAR

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