UTTARADI MUTT Vs. RAGHAVENDRA SWAMY MUTT

JUDGEMENT

(1.) This appeal arises from the judgment and decree dated 14th November, 2017 passed by the High Court of Karnataka at Bangalore in R.S.A. No.100446 of 2015, whereby the High Court was pleased to set aside the judgment and decree passed by the First Appellate Court and also that of the trial Court and relegated the parties before the trial Court, by allowing three applications filed by the respondent/defendant under Order XLI Rule 27 of the Civil Procedure Code, 1908 (for short, "CPC"). The High Court directed the trial Court to decide the suit afresh by giving its findings in light of the additional evidence adduced. The operative part of the order passed by the High Court reads thus:

(2.) The central issue in this appeal is whether the High Court was justified in allowing the three applications filed by the respondent/defendant under Order XLI Rule 27 before the First Appellate Court. Furthermore, even if there was just and sufficient reason for allowing the three applications, was the High Court justified in relegating the parties before the trial Court and directing the trial Court to re-decide the suit by giving its findings in light of the additional evidence?

(3.) This case has a chequered history. Shorn of unnecessary details we propose to refer only to the facts relevant to decide this appeal. In the first appeal filed by the appellant/plaintiff before the Principal Senior Civil Judge & Chief Judicial Magistrate, Dharwad bearing R.A. No.124 of 2014 (Original R.A. No.14 of 2011 before the Court of Senior Civil Judge, Gangawathi) against the dismissal of the suit by the Additional Civil Judge, Gangawathi vide judgment and decree dated 18th June, 2011 in O.S. No.74 of 2010 (Original O.S. No.193 of 1992), three applications under Order XLI Rule 27 for permission to produce additional evidence came to be filed by the respondent/defendant. The First Appellate Court considered the stated applications along with the first appeal preferred by the appellant/plaintiff. The First Appellate Court was pleased to dismiss the said applications preferred by the respondent/defendant; and allowed the appeal filed by the appellant/plaintiff on the basis of the evidence already brought on record before the trial Court. The suit filed by the appellant was decreed in part by the First Appellate Court. The operative order passed by the First Appellate Court dated 22nd April, 2015, reads thus: