SHIVAYOGEPPA @ SHIVAGONDAPPA Vs. SOMASHEKAR S/O MAHALINGAPPA WALI

JUDGEMENT

(1.) The petitioners are aggrieved by the order dated 24.02.2016, passed by the learned Principal Senior Civil Judge, Vijayapur, whereby the learned Judge has allowed the applications filed under Order XLI Rule 27 of CPC by the respondent/plaintiff for adducing additional evidence.

(2.) Briefly facts of the case are that Somashekar, the respondent, had instituted a civil suit namely, O.S.No.160/1983, against Mr. Shivayogeppa for specific performance of contract dated 14.02.1980 in respect of the land bearing RS No.652/1A, admeasuring 2 acres 5 guntas, situated in the village Mahalabagayat, Vijayapur. Since Mr. Shivayogeppa, the defendant, did not appear before the learned trial court, the learned trial court proceeded ex -parte against him. During the course of the trial, the attesting witness to the agreement dated 14.02.1980 was examined as PW.1, and the neighbouring land owner was examined as PW.2 in order to prove the possession of the plaintiff. The plaintiff examined himself as PW.3. During his testimony, he got certain documents marked as Exs.P1 to P7. Subsequently, the plaintiff's evidence was closed; on 29.06.1984 an ex -parte judgment and decree was passed in favour of the plaintiff.

(3.) Mr. Shivayogeppa expired on 31.03.1987 leaving behind his legal representatives, namely defendant No.1A his widow, and defendant Nos.1B and 1C his daughters.