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Showing contexts for: HAVERI in Mavalakhan Husenkhan Mulla vs Superintendent Engineer on 8 September, 2025Matching Fragments
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Appellants have preferred this appeal against the Judgment and Decree dated 10.04.2019 passed by the Additional Senior Civil Judge and JMFC, Hangal (for short, 'the trial Court') in O.S.No.56/2018 (Old No.363/2014), which was confirmed by the Judgment and Decree dated 07.12.2022 passed in R.A.No.45/2022 by the Family Court, Haveri (for short, 'the first appellate Court').
2. Parties are referred to as per their rank before the trial Court.
17. Since both parties have produced additional documents, opportunity has to be provided to both parties to adduce their evidence. Accordingly, I proceed to pass the following :
ORDER
(i) Appeal is allowed.
(ii) The Judgment and Decree passed on 10.04.2019 by the Additional Senior Civil Judge and JMFC, Hangal in O.S.No.56/2018 (Old No.363/2014), which is
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NC: 2025:KHC-D:11434 HC-KAR confirmed by the Family Court, Haveri vide its Judgment and Decree dated 07.12.2022 passed in R.A.no.45/2022 is set aside.
(iii) The application under Order XLI Rule 27 read with Section 151 of the CPC filed before the Family Court, Haveri in R.A.no.45/2022 is allowed. The memo for production of additional documents filed on behalf of respondents is accepted.
(iv) The case is remanded to the trial Court with a direction to provide opportunity to both parties to adduce their additional evidence and dispose of the matter in accordance with law.