NINGAPPA Vs. SHIVAPPA AND ORS.

JUDGEMENT

(1.) This second appeal is against a judgment and decree dated 29.09.2007 passed in R.A. No. 126/2002 by the II Additional Civil Judge (Sr. Dn.), Dharwad, by which a judgment and decree dated 07.06.2002 passed in O.S. No. 319/2001 by the Principal Civil Judge (Jr. Dn.) and J.M.F.C., Dharwad, was confirmed. The suit was filed in the Trial Court by the appellant against the respondents to pass a decree of permanent injunction in respect of the plaint schedule property. After trial, the suit was dismissed and the same was questioned by filing a first appeal.

(2.) It is unnecessary to go into the factual details, since, this appeal can be decided on a very short ground. This appeal was admitted to consider the following substantial question of law:--

(3.) Indisputedly, the appellant filed an application on 20.03.2007 under Order 41 Rule 27 of CPC in the First Appellate Court to receive additional evidence. On 22.03.2007, respondents filed objections to the said application and the case was adjourned to 03.04.2007, to hear the main appeal and also the said application. The appeal was dismissed by a judgment dated 29.09.2007. However, the application filed on 20.03.2007 under Order 41 Rule 27 of CPC was not considered by the First Appellate Court, while deciding the appeal.