Karnataka High Court
Smkt. Kasturibai W/O Hanamantasa ... vs Smt. Smita W/O Anil Kathare on 13 November, 2025
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NC: 2025:KHC-D:15511
RFA No. 100219 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 13TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 100219 OF 2022 (PAR/POS)
BETWEEN:
1. SMT. KASTURIBAI
W/O HANAMANTASA KATHARE,
AGE. 72 YEARS, OCC. HOUSEHOLD WORK,
R/O. VINAYAK COLONY, LOKAPPAN HAKKAL,
VIDYA NAGAR, HUBBALLI-580 031.
2. ANIL S/O HANAMANTASA KATHARE,
AGE. 47 YEARS, OCC. BUSINESS,
R/O. VINAYAK COLONY, LOKAPPAN HAKKAL,
VIDYA NAGAR, HUBBALLI-580 031.
3. ARUN S/O HANAMANTASA KATHARE,
AGE. 44 YEARS, OCC. BUSINESS,
R/O. VINAYAK COLONY, LOKAPPAN HAKKAL,
VIDYA NAGAR, HUBBALLI-580 031.
... APPELLANTS
(BY SRI. S.S. NIRANJAN, ADVOCATE)
AND:
Digitally signed by SMT. SMITA W/O ANIL KATHARE,
CHANDRASHEKAR
LAXMAN
KATTIMANI
AGE. 40 YEARS, OCC. HOUSEHOLD WORK,
Location: HIGH
COURT OF R/O. SHARADA APARTMENT, FIRST LOOR,
KARNATAKA
DHARWAD BENCH CBT FORT, HUBBALLI-580 020.
... RESPONDENT
(BY SRI. R.H. ANGADI, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41
RULE 1 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED 02.12.2021 DECREEING ORIGINAL SUIT NO.209/2018 PASSED
BY THE LEARNED III ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, HUBBALLI AND DISMISS ORIGINAL SUIT
NO.209/2018 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI BY
ALLOWING THIS APPEAL WITH COST THROUGHOUT.
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NC: 2025:KHC-D:15511
RFA No. 100219 of 2022
HC-KAR
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT
WAS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This Regular First Appeal is filed by the appellants/defendants against the judgment and decree dated 02.12.2021 passed in O.S.No.209/2018 by the III Additional Senior Civil Judge, Hubballi1. The suit filed by the plaintiff/respondent for the relief of partition and separate possession is decreed by the Trial Court.
2. It is noticed that the defendants, though represented by an advocate, have not filed a written statement nor was there any cross-examination of the witnesses on behalf of the plaintiff. Under these circumstances, the suit stands decreed.
3. The present appeal is filed on the premise that the appellants/defendants were prevented from contesting the matter on account of genuine difficulty, and as such, there was no effective representation on their behalf. 1 Fort short, 'Trial Court' -3- NC: 2025:KHC-D:15511 RFA No. 100219 of 2022 HC-KAR
4. Learned counsel appearing for the plaintiff/respondent would submit that the appellants have not made out a case to seek permission to contest the matter on merits, as they have not availed the opportunity, which was granted by the Trial Court.
5. The Court has considered the contentions raised at the Bar and perused the records.
6. Admittedly, the decree is an exparte decree, in the sense there was no contest. The defendants though they appeared through an advocate, did not file a written statement. The suit was instituted in the year 2018 and is one for partition and separate possession.
7. In order to do complete justice to the parties, this Court is of the view that the decree can be set aside, permitting the defendants to contest the matter on certain terms.
8. However, if the defendants are permitted to file a written statement and contest the matter, it certainly goes without saying that the plaintiff would be put to inconvenience, as the adjudication would be delayed. Therefore, the defendants, -4- NC: 2025:KHC-D:15511 RFA No. 100219 of 2022 HC-KAR for their inaction in not filing a written statement within time, must appropriately compensate the plaintiff, and be put on terms.
9. With these observations, the following:
ORDER
a) The appeal is allowed in part.
b) The judgment and decree dated 02.12.2021 passed in O.S.No.209/2018 by the III Additional Senior Civil Judge, Hubballi, is set aside.
c) The matter is remitted to the Trial Court for afresh consideration.
d) Within 30 days from the date of appearance before the Trial Court, the defendants shall file their written statement.
e) The parties shall appear before the Trial Court on 01.12.2025.-5-
NC: 2025:KHC-D:15511 RFA No. 100219 of 2022 HC-KAR
f) The defendants shall pay a cost of ₹40,000/- to the plaintiff. Payment of the said cost shall be a condition precedent to file written statement on the date of appearance.
g) The defendants shall co-operate with the Trial Court for the early disposal of the suit.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 4