Karnataka High Court
Shri. Sadashiv S/O. Halasiddha ... vs Shri. Mayappa S/O. Bhima Agneppagol on 7 November, 2025
Author: R.Devdas
Bench: R.Devdas
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NC: 2025:KHC-D:15273-DB
RFA No. 100488 of 2018
C/W RFA No. 100375 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 7TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
R.F.A. NO.100488 OF 2018 (SP)
C/W. R.F.A. NO.100375 OF 2018 (SP)
IN R.F.A. NO.100488 OF 2018
BETWEEN:
SHRI SADASHIV S/O. HALASIDDHA AGNEPPAGOL,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. KANKANWADI, TQ: RAIBAG,
DIST: BELAGAVI-591222.
...APPELLANT
(BY SRI. LAXMAN T. MANTAGANI, ADV. FOR
SRI. NAGARAJ J. APPANNANAVAR, ADVOCATES)
Digitally AND:
signed by V N
BADIGER
Location: High
Court of
SHRI MAYAPPA S/O. BHIMA AGNEPPAGOL,
Karnataka,
Dharwad
AGE: 57 YEARS, OCC: AGRICULTURE,
Bench. R/O. KANKANWADI, TQ: RAIBAG,
DIST: BELAGAVI-591222.
...RESPONDENT
(BY SRI. SHABAZ A. QAZI, ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF C.P.C., PRAYING TO MODIFY THE JUDGMENT AND DECREE
IN O.S.NO.123/2017 DATED 29.08.2018 PASSED BY THE COURT
OF SENIOR CIVIL JUDGE AND JMFC, RAIBAG, DIRECTING THE
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NC: 2025:KHC-D:15273-DB
RFA No. 100488 of 2018
C/W RFA No. 100375 of 2018
HC-KAR
DEFENDANT TO EXECUTE A REGISTERED SALE DEED IN FAVOUR
OF THE PLAINTIFF IN RESPECT OF THE SUIT SCHEDULE 'A'
PROPERTIES BY ACCEPTING BALANCE SALE CONSIDERATION OF
RS.50,000/- IN TERMS OF THE REGISTERED AGREEMENT OF
SALE DEED DTD: 11-09-2014 AND ALLOW THE REGULAR FIRST
APPEAL WITH COST THROUGHOUT, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN RFA NO.100375 OF 2018
BETWEEN:
SHRI MAYAPPA S/O. BHIMA AGNEPPAGOL,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O. KANKANWADI, PIN: 591222,
TQ: RAIBAG, DIST: BELAGAVI.
...APPELLANT
(BY SRI. SHABAZ A. QAZI, ADVOCATE;
SRI. P. V. GUNJAL, ADVOCATE [NOC])
AND:
SHRI SADASHIV S/O. BHIMA AGNEPPAGAL,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. SANIKOPPA, PIN-591125,
TQ: BAILHONGAL, DIST: BELAGAVI.
...RESPONDENT
(BY SRI. LAXMAN T. MANTAGANI, ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF C.P.C., READ WITH ORDER 41 OF C.P.C., PRAYING TO
CALL FOR RECORDS IN O.S. NO.123/2017 PASSED BY THE
COURT OF SENIOR CIVIL JUDGE AND JMFC, RAIBAG, DATED
29.08.2018, IN THE INTEREST OF JUSTICE AND EQUITY AND
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NC: 2025:KHC-D:15273-DB
RFA No. 100488 of 2018
C/W RFA No. 100375 of 2018
HC-KAR
SET ASIDE THE JUDGMENT AND DECREE DATED 29-08-2018
PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC,
RAIBAG IN O.S. NO.123/2017, IN THE INTEREST OF JUSTICE
AND EQUITY AND ETC.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
1. These two appeals arise out of the impugned judgment passed by the learned Senior Civil Judge and JMFC, Raibag, in O.S. No.123/2017, and therefore, these two appeals were clubbed together and are now being disposed of by this common judgment.
2. Both the plaintiff as well as the defendant have filed these appeals.
3. In the appeal filed by the defendant in RFA No.100375 of 2018, the ground raised by the appellant/defendant is that although the defendant had filed -4- NC: 2025:KHC-D:15273-DB RFA No. 100488 of 2018 C/W RFA No. 100375 of 2018 HC-KAR the written statement, he was not given sufficient opportunity to cross-examine the plaintiff's witnesses. The defendant had also not entered the witness box, and no evidence was recorded on behalf of the defendant. Therefore, the learned counsel for the appellant/defendant submits that the judgment is required to be set aside and the matter should be remitted back to the Trial Court to afford an opportunity of hearing to the defendant.
4. Learned counsel for the respondent/plaintiff, although submitted that after filing the written statement, if the defendant has not shown any interest in pursuing the matter, no benefit can be given to the defendant, nevertheless, the learned counsel left it to the discretion of the Court to decide that if the matter requires reconsideration, the same may be done by levying appropriate costs on the defendant.
5. Accordingly, the impugned judgment and decree passed in O.S. No.123/2017 are set aside, while remanding the matter back to the Trial Court to afford an opportunity -5- NC: 2025:KHC-D:15273-DB RFA No. 100488 of 2018 C/W RFA No. 100375 of 2018 HC-KAR to the defendant by permitting them to cross-examine the witnesses of the plaintiff, and thereafter, permitting the defendant to examine themselves and be cross-examined by the plaintiff.
6. Consequently, this Court proceeds to pass the following:
ORDER I. The impugned judgment and decree passed in O.S. No.123/2017 on the file of the learned Senior Civil Judge and JMFC, Raibag, are hereby set aside. II. The matter stands remitted back to the Trial Court to afford an opportunity to the defendant to cross-examine the witnesses of the plaintiff. At the same time, if any request is made by the plaintiff to lead additional evidence, the same shall also be permitted by the Trial Court.
III. The parties are directed to appear before the Trial Court on 02.12.2025, without waiting for further notice. On -6- NC: 2025:KHC-D:15273-DB RFA No. 100488 of 2018 C/W RFA No. 100375 of 2018 HC-KAR the first date of hearing before the Trial Court, the defendant shall pay costs of ₹5,000/- to the plaintiff and thereafter proceed as directed by this Court. IV. The Office is directed to transmit the Trial Court records forthwith and also to refund the court fee in accordance with law.
In view of the disposal of the appeals, all pending applications, if any, shall stand disposed of.
Sd/-
(R.DEVDAS) JUDGE Sd/-
(B. MURALIDHARA PAI) JUDGE VB /CT-AN List No.: 1 Sl No.: 5