IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA MISCELLANEOUS SECOND APPEAL NO. 226 OF 2025 (RO)

BETWEEN:

1. SMT. LAKSHMIDEVAMMA W/O. SIDDALINGAIAH AGED ABOUT 75 YEARS

2. SIDDALINGAIAH S/O. LATE KAPINAIAH AGED ABOUT 80 YEARS BOTH ARE AGRICULTURISTS RESIDENT OF NARANAHALLI C.S. PURA HOBLI, GUBBI TALUK TUMAKURU DISTRICT - 572 213.

…APPELLANTS (BY SRI. G. RAVISHANKAR, ADVOCATE AND SRI. A.V. GANGADHARAPPA, ADVOCATE)

AND:

Digitally signed SMT. NINGAMMA by NANDINI B G W/O. LATE SIDDAPPA Location: High Court of AGED ABOUT 68 YEARS Karnataka AGRICULTURIST RESIDENT OF NARANAHALLI C.S. PURA HOBLI GUBBI TALUK TUMAKURU DISTRICT - 572 213.

…RESPONDENT (BY SRI: K. VIJAYA KUMAR, ADVOCATE)

THIS MSA IS FILED UNDER SECTION 43 RULE (1)(U) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 24.07.2025 PASSED IN RA NO.45/2024 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 20.02.2024 PASSED IN OS. NO.112/2022 ON THE FILE OF LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, GUBBI, PARTLY DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THE CASE IS REMANDED BACK TO THE TRIAL COURT WITH A DIRECTION TO RECEIVE ADDITIONAL EVIDENCE AND THEN TO CONSIDER THE MATTER AFRESH.

THIS MSA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA

ORAL JUDGMENT

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 dated 24.07.2025 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 Section 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 dated 20.02.2024 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 dated 16.01.1964 and rejected the claim of the plaintiff in respect of remaining 1 acre 5 guntas of land and 13 guntas in Sy.No.37.

4. Being aggrieved by the rejection of a portion of the claim, the plaintiff has preferred RA No.45 of 2024 before the First Appellate Court. The plaintiff filed IAs.II and III under Order 47 Rule 27 of CPC seeking permission for production of additional documents; IA.IV under Order 26 Rule 9 of CPC seeking appointment of Court Commissioner; IA.V seeking amendment of memorandum of appeal; and IA.VI seeking amendment of plaint. The First Appellate Court on consideration of the contentions raised by the parties, allowed IAs.II, III and V while rejecting IAs.IV and VI. Being aggrieved by the same, the defendants are