Karnataka High Court
Siddappa S/O. Basappa Maigur vs Smt. Shobha W/O Lokanna ... on 7 June, 2022
Bench: K.S.Mudagal, M.G.S. Kamal
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RFA No. 100101 of 2022
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 07TH DAY OF JUNE, 2022
PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
REGULAR FIRST APPEAL NO.100101/2022 (PAR/POS)
BETWEEN:
1. SIDDAPPA S/O. BASAPPA MAIGUR
AGE. 54 YEARS,
OCC. AGRICULTURE,
R/O. HANDIGUND-591235
TQ. RAIBAG, DIST. BELAGAVI
...APPELLANT
(BY SRI. SHRIHARSH A NEELOPANT.,ADVOCATE)
AND:
1. SMT. SHOBHA W/O LOKANNA SANNASHIVANNAVAR
AGE. 43 YEARS, OCC. AGRICULTURE,
R/O. NILABUDIHAL TOTAD ROAD,
LOKAPUR-587122, TQ. MUDHOL
Digitally signed by
J MAMATHA
DIST. BAGALKOTE
Location: High
J Court of Karnataka,
MAMATHA Dharwad Bench
Dharwad.
Date: 2022.06.10
2. SMT. BHARATI W/O NANDESH NYAMAGOUDA
12:03:58 +0530
AGE. 35 YEARS, OCC. HOUSEHOLD,
R/O. ARALIKATTI ONI, JAMAKHANDI-587301
TQ. JAMAKHANDI, DIST. BAGALKOTE.
3. SHIVANAND S/O BASAPPA MAIGUR
AGE. 51 YEARS, OCC. AGRICULTURE,
R/O. HANDIGUND-591235
TQ. RAIBAG, DIST. BELAGAVI
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RFA No. 100101 of 2022
4. RAMESH S/O BASAPPA MAIGUR
AGE. 37 YEARS,
OCC. AGRICULTURE,
R/O. HANDIGUND-591235
TQ. RAIBAG, DIST. BELAGAVI
5. SMT GOURAVVA W/O NIGAPPA ALABAL
AGE. 49 YEARS, OCC. HOUSEHOLD,
R/O. HANDIGUND-591235
TQ. RAIBAG, DIST. BELAGAVI
6. SMT. SUREKHA W/O MALLAPPA TELI
AGE. 45 YEARS,
OCC. HOUSEHOLD
R/O. JAMBAGI P.K-587330
TQ. JAMKHANDI, DIST. BAGALKOTE
7. SMT. SUVARNA W/O PARAPPA MIRJI
AGE. 47 YEARS, OCC. HOUSEHOLD,
R/O. HANDIGUND-591235
TQ. RAIBAG, DIST. BELAGAVI
...RESPONDENTS
(BY SRI.MAHESH WODEYAR, ADVOCATE
FOR R1, R2, R5 AND R7,
R4-NOTICE SERVED,
NOTICE TO R6 IS DISPSENSED
WITH V.C.O.DT.24.05.2022)
THIS RFA FILED UNDER SEC. 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 25.11.2021 PASSED IN
O.S.NO.344/2021 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE, GOKAK, DECREEING THE SUIT FILED FOR
PARTITION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
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RFA No. 100101 of 2022
JUDGMENT
Heard.
2. Aggrieved by the judgment and decree passed
against him, defendant No.1 in O.S.No.344/2021 on the file of
the I Addl. Senior Civil Judge, Gokak, has preferred this appeal.
3. Respondents 1 and 2 were the plaintiffs. The
appellant was the 1st defendant and respondents 3 to 7 were
defendants 2 to 6 in the said suit. For the purpose of
convenience, parties will be referred to henceforth according to
their ranks before the trial Court.
4. Plaintiffs filed O.S.No.344/2021 against defendants
claiming partition and separate possession of their 2/8th share
in the suit schedule properties. Plaintiffs are the daughters and
defendants are the sons and the other daughters of one
Basappa Mallappa Maigur and Neelavva. Plaintiffs claim that
being the daughters of Basappa and Neelavva, they are entitled
to 2/8th share each in the suit schedule properties.
5. Defendant No.1 though was represented through
his counsel, did not file the written statement and contest the
RFA No. 100101 of 2022
suit. The other defendants though served were unrepresented.
The trial Court on recording the evidence of the plaintiffs, by
the impugned judgment and decree has decreed the suit.
6. The only ground in this appeal is that defendant
No.1 was suffering from several medical conditions, therefore,
he could not do the needful before the trial Court.
7. Learned counsel for plaintiffs/respondents 1 and 2
fairly concedes that to give an opportunity to the
appellant/defendant No.1, the matter may be remanded fixing
a time schedule for disposal of the matter.
8. Though the appellant has produced the medical
certificate to show that he was suffering from some health
issues that does not cover the entire period of proceedings
before the trial Court.
9. Having regard to the submissions of the
respondents' counsel and to give one more opportunity to the
appellant, it is just and appropriate to remand the matter to the
trial Court on terms.
RFA No. 100101 of 2022
10. Therefore the following:
ORDER
i) Appeal is allowed on payment of costs of Rs.5,000/-
payable to respondents 1 and 2/plaintiffs,
ii) The impugned judgment and decree is hereby set
aside. The matter is remanded to the trial Court for
fresh consideration after giving reasonable
opportunity to the appellant/defendant No.1,
iii) The parties shall appear before the trial Court on
20.06.2022 without any further notice,
iv) The trial Court shall dispose of the matter as
expeditiously as possible at any rate within three
months from the date of appearance of the parties.
Pending IAs stood disposed off.
(Sd/-)
JUDGE
(Sd/-)
JUDGE
JM
