SHIVAPPA Vs. SHANTAVVA

JUDGEMENT

(1.) Leave granted.

(2.) The Impugned Judgment allowed RFA No. 100251 of 2020 and RFA CROB No. 100005 of 2023 to the extent of Item No. '5' of the Plaint Schedule Property and remitted the matter to the Trial Court to frame issues, afford the parties an opportunity to adduce further evidence, and thereafter dispose of the Suit to the extent of Item No. '5' of the Plaint Schedule in O.S. No. 143 of 2015.

(3.) The consideration is confined to whether remand to the Trial Court is justified and lawful in the circumstances of the case. The Appellant is Defendant No. 2 in O.S. No. 143 of 2015 in the Court of I Addl. Senior Civil Judge and CJM, Dharwad. Respondent Nos. 1 and 2 were among the Plaintiffs, and the Suit was filed on 17/3/2015 seeking Partition and Separate Possession of the Plaint Schedule Items Nos. '1' to '5', and a declaration that the Sale Deed executed by one Madiwalappa in favour of Defendant No. 2 is illegal, null and void, and not binding on the Plaintiffs' share and entitlement. Plaintiff No. 1, Sharawwa, died during the pendency of the Suit.