H. S. BASAVARAJAPPA Vs. G. M. MALLIKARJUNA

JUDGEMENT

(1.) Heard learned counsel for the appellants and respondent.

(2.) Learned counsel for the appellants submits that the defendant has preferred this appeal aggrieved by the concurrent findings of fact by trial court as well as First Appellate Court, decreeing the suit of the plaintiff for declaration and injunction.

(3.) The defendant who had preferred RA No.38/2015, have filed I.A.No.2, 3 and 5 before the first Appellate Court under Order 41 Rule 27 of CPC producing additional document. He had also filed I.A.No.4 under order 26 Rule 9 of CPC praying for appointment of a Commissioner. None of these applications were considered by the First Appellate Court and therefore, the matter requires remand to the First Appellate Court to consider those applications and to pass appropriate orders.