Goutham Chand vs Siddaiah

N.K. Patil, J.—The Regular First Appeal and Cross Objection arise out of the same judgment and decree dated 18th June 2012, passed in O.S. No. 991/2008, by the II Additional Senior Civil Judge, Mysore, decreeing the suit filed by the cross objector.

By the aforesaid judgment and decree passed by the Trial Court, the suit of the plaintiff/appellant was decreed with costs, directing the first defendant/first cross objector to repay a sum of Rs. 15,00,000/- with interest at the rate of 12% p.a. from 14-12-2005 till the date of realization and ordered that there shall be charge in respect of suit schedule proper in respect of the amount decreed.

Being aggrieved by the said judgment and decree passed by the Trial Court, the plaintiff/appellant has filed the Regular First Appeal and the defendants 1 and 2/cross objectors have filed the Cross Objection, seeking appropriate reliefs.

We have heard learned counsel appearing for appellant and learned counsel appearing for cross objectors.

Learned counsel appearing for appellant as well as learned counsel appearing for cross objectors, at the outset fairly submitted that in view of allowing the applications filed by the appellant and cross objectors, for production of additional documents, the matter requires reconsideration by the Court below after adducing oral and documentary evidence in support of the documents produced. Therefore, they submit that in view of the same, the impugned judgment and decree passed by the Court below is liable to be set aside and the matter is liable to be remanded back to the Court below for reconsideration afresh in accordance with law. They further submit that since the matter is pending between the parties since 2008, the Court below may be directed to dispose of the matter on top priority basis, within some reasonable time.

The said submission of the learned counsel appearing for both the parties is placed on record.

After careful consideration of the submission of the learned counsel appearing for the appellant as well as the cross objectors, it is seen that, the appellant as well as the cross objectors have filed their respective application, seeking permission to produce additional documents in support of their respective claim. The said applications are allowed today, by a separate order, permitting the parties to produce the said documents before the Court below to substantiate their respective stand. Therefore, as rightly pointed out by learned counsel appearing for both the parties, in view of allowing the said applications, the matter requires reconsideration by the Court below afresh.

Therefore, without expressing any opinion on the merits or demerits of the case, it would suffice for this Court, to safeguard the interest of both the parties, if the impugned judgment and order is set aside and the matter is remanded back to Court below for reconsideration afresh after adducing additional oral and documentary evidence of the parties.

Having regard to the facts and circumstances of the case, the appeal filed by appellant as well as the cross objection filed by the cross objectors are allowed.

"The impugned judgment and decree dated 18th June 2012, passed in O.S. No. 991/2008, by the II Additional Senior Civil Judge, Mysore, is hereby set aside;

The matter stands remitted back to the Court below for reconsideration afresh, in accordance with law, after affording reasonable opportunity of hearing to both the parties, as expeditiously as possible, not later than ten months from the date of receipt of a copy of this judgment or production of the same by either counsel for the parties;.

The appellant and cross objectors are permitted to file necessary application to adduce additional oral and documentary evidence,, within four weeks from the date of receipt of a copy of this judgment;

In case such applications are filed by the parties, the Court below is directed to receive the same and pass appropriate orders in accordance with law, in compliance of the direction issued above.

The appellant and cross objectors are hereby directed to appear before the Court below, personally or through their counsel on 24-11-2014 at 11:00 A.M., without awaiting notice from the Court below and collect the further date of hearing;

Registry is directed to refund the entire court fee paid on the memorandum of Regular First Appeal as well as Cross Objections to the counsel for the respective parties forthwith.