LAKSHMIDEVAMMA Vs. NINGAMMA

JUDGEMENT

(1.) The defendants in OS No.112 of 2022 on the file of the learned Additional Senior Civil Judge and JMFC, Gubbi (hereinafter referred to as 'the Trial Court' for short), are impugning the judgment and decree dtd. 24/7/2025 passed in RA No.45 of 2024 on the file of the learned VI Additional District and Sessions Judge, Tumakuru (hereinafter referred to as 'the First Appellate Court' for short), allowing IAs.II and III filed under Order 41 Rule 27 read with Sec. 151 of CPC permitting the appellant therein to produce additional documents, and allowing IA.V filed under Order 6 Rule 17 permitting the appellant therein to amend the appeal memorandum, while reserving liberty to the plaintiff to file necessary application before the Trial Court seeking amendment of the plaint, by setting side the impugned judgment and decree dtd. 20/2/2024 passed by the Trial Court and remanding the matter to the Trial Court with a direction to receive additional evidence and to consider the matter afresh.

(2.) For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court.

(3.) Facts of the case in brief are that, the plaintiff filed the suit OS No.112 of 2022 before the Trial Court seeking declaration in respect of Sy.No.37 of Naranahalli Village, C S Pura Hobli, Gubbi Taluk, contending that she is the absolute owner of the said property, but the defendants have encroached over 13 guntas of land and therefore, sought for possession of the encroached portion and for permanent injunction in respect of the remaining portion of the schedule property. The Trial Court decreed the suit of the plaintiff in part by declaring that the plaintiff is the absolute owner in possession of 1 acre 12 guntas of land in Sy.No.37 by virtue of gift deed dtd. 16/1/1964 and rejected the claim of the plaintiff in respect of remaining 1 acre 5 guntas of land and 13 guntas in Sy.No.37.