JUDGMENT : 1. This appeal is preferred by defendant Nos.1 to 5 challenging the judgment and decree passed by the I Addl. Senior Civil Judge & JMFC, Mangaluru, in O.S.No.146/2011 dated 02.06.2014 whereby the suit filed by the plaintiffs (respondent Nos.1 to 6 herein) is partly decreed and plaintiffs and defendant No.27 are together held entitled for 1/6th share in the suit properties; defendant Nos.1 to 5 are together held entitled for 1/6th share; defendant Nos.6 to 13 are together held entitled for 1/6th share and defendants Nos.14 to 24 are together held entitled for 1/6th share; defendant No.26 for 1/6th share and defendant Nos.25(a) and 25(e) are together held entitled for 1/6th share in the suit schedule properties. 2. Appellants have now come up with an application I.A.No.2/2015 under Order 41 Rule 27 r/w 151 CPC seeking to permit the appellants to produce the following documents: 1. Original will dated 28/11/1982 2. Copy of the Death certificate of Chinge Gowda 3. Copy of the Death certificate of Babu Gowda 4. RTC extracts (3 Nos.) Affidavit is sworn by appellant No.2. It is sworn therein that 15 days earlier to the filing of the appeal, the appellants came to know from one Ananda Shetty S/o. Karga Shetty, resident of Uttalavadi House, Meeraj Post, Thanke Meeraj Grama, Mangalore Taluk, that during the life time of the grandfather of the appellants namely late Chinge Gowda had executed a Will dated 28.11.1982 in the name of Babu Gowda, in respect of item Nos.2 to 8 of the suit schedule properties. It is stated that at the time of filing the written statement as well as during the evidence before the trial Court, appellants were not aware of the existence of the said Will since it was in the custody of one Ananda Shetty S/o. Karga Shetty and hence, the appellants have sought leave to produce the said original Will as well as the supporting documents by way of additional documents. 3. Learned counsel for respondent Nos.2 to 12, 13, 14, 26 to 30 and 32 has filed a memo, which reads as under: “In the above appeal, the appellants have filed an application for production of documents stating that there is a Will by late Sri. Chinge Gowda to Mr. Babu Gowda in respect of item No.2 to 8 of the suit schedule properties. Chinge Gowda to Mr. Babu Gowda in respect of item No.2 to 8 of the suit schedule properties. In view of the production of the said document, the veracity and genuineness need to be decided by the court after trial. It is prayed that this Hon’ble Court may remand the case to the court of I Addl. Senior Civil Judge, Mangalore to give a finding on the alleged Will. Other respondents are duly served and unrepresented. 4. Having regard to the contentions urged by the appellants in the memorandum of appeal and in view of the application I.A.No.2/2015 seeking to produce a Will which is alleged to have been discovered after the pronouncement of judgment and decree passed by the trial Court, it is necessary to call for a finding on the said Will. As it is stated that the existence of the said Will came to the knowledge of the appellants only after decreetal of the suit, matter is required to be remanded to the trial Court to record a finding on the said issue. 5. Hence, to this limited extent applicationI.A.No.2/2015 is allowed. Appellants are permitted to produce additional documents as sought for in the applicationI.A.No.2/2015. Consequently, the case is remanded to the trial Court to record a finding on the question as to whether defendant Nos.1 to 5 prove that late Chinge Gowda has left behind his last Will and Testament dated 28.11.1982 and that the said Will is duly executed by him being in sound state of mind? 6. Trial Court shall confine the inquiry only with regard to above question and with regard to the other documents referred in applicationI.A.No.2/2015 produced by the appellants. Only to this limited purpose, matter is remanded to the trial Court. Trial Court shall return the findings to this Court within six months from the date of communication of this order. All the parties are directed to appear before the trial Court on 16.03.2020 without any further notice. Office is directed to return the documents listed in I.A.No.2/2015 to the appellants. Records of the trial Court be sent back to the trial Court for the above purpose immediately.