Karnataka High Court
Shri.Dundappa S/O Ramappa ... vs Shri.Maruti S/O Ramu @ Rama ... on 23 August, 2023
Bench: Sreenivas Harish Kumar, Ramachandra D. Huddar
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NC: 2023:KHC-D:9355-DB
RFA No. 100460 of 2019
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23RD DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
REGULAR FIRST APPEAL NO. 100460 OF 2019
(DEC/INJ-)
BETWEEN:
SHRI. DUNDAPPA S/O. RAMAPPA KHAJJIDONI,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O: MEERAPURHATTI, TQ: CHIKODI,
DIST: BELAGAVI-591201.
...APPELLANT
(BY SRI. SANTOSH. B. RAWOOT, ADVOCATE)
SAMREEN
AYUB AND:
DESHNUR
Digitally signed by
SAMREEN AYUB DESHNUR
1. SHRI. MARUTI S/O. RAMU @ RAMA NINGANURE
Location: High Court of
Karnataka, Dharwad AGE: 60 YEARS, OCC: AGRICULTURE,
Date: 2023.08.24 16:15:59
+0530 R/O: UGAR-KHURD-591316,
TQ: ATHANI, DIST: BELAGAVI.
2. SHRI. BASAPPA S/O. RAMU @ RAMA NINGANURE,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: UGAR-KHURD-591316,
TQ: ATHANI, DIST: BELAGAVI.
3. SHRI. SADASHIV S/O. RAMU @ RAMA NINGANURE,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: UGAR-KHURD-591316,
TQ: ATHANI, DIST: BELAGAVI.
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NC: 2023:KHC-D:9355-DB
RFA No. 100460 of 2019
4. SHRI. KEDHARI S/O. RAMU @ RAMA NINGANURE,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: UGAR-KHURD-591316,
TQ: ATHANI, DIST: BELAGAVI.
5. SHRI. SIDDAPPA S/O. RAMU @ RAMA NINGANURE,
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O: UGAR-KHURD-591316,
TQ: ATHANI, DIST: BELAGAVI.
6. SMT. AKKATAI W/O. KEDARI GAJABAR,
AGE: 58 YEARS, OCC: HOUSEHOLD WORK AND
AGRICULTURE, R/O: BHIRADI-591317,
TQ: RAIBAG, DIST: BELAGAVI.
7. SMT. NEELAVVA W/O. NAGAPPA GAJABAR,
AGE: 56 YEARS, OCC: HOUSEHOLD WORK AND
AGRICULTURE, R/O: UGAR-KHURD-591304,
TQ: ATHANI, DIST: BELAGAVI.
8. SMT. MAYAKKA W/O. LAGAMANNA MAGADUM,
AGE: 50 YEARS, OCC: HOUSEHOLD WORK AND
AGRICULTURE, R/O: NILAJI-591317,
TQ: RAIBAG, DIST: BELAGAVI.
9. SMT. LAXMIBAI W/O. RAMU @ RAMA NINGANURE,
AGE: 84 YEARS, OCC: HOUSEHOLD WORK AND
AGRICULTURE, R/O: UGAR-KHURD-591304,
TQ: ATHANI, DIST: BELAGAVI.
...RESPONDENTS
(R1 TO R9 ARE SERVED)
THIS RFA IS FILED UNDER SEC. 96 READ WITH ORDER
41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
DTD:12.04.2019 PASSED IN O.S.NO.166/2017 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
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NC: 2023:KHC-D:9355-DB
RFA No. 100460 of 2019
CLASS, RAIBAG, DECREEING THE SUIT FILED FOR
DECLARATION AND INJUNCTION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
SREENIVAS HARISH KUMAR J., DELIVERED THE
FOLLOWING:
JUDGMENT
Heard Shri Santosh B. Rawoot, learned counsel for
the appellant. All the respondents are served, but none of
them has appeared before the Court either personally or
through an advocate.
2. The appellant is defendant No.1 in
O.S.No.166/2017 on the file of the Senior Civil Judge and
JMFC, Raibag. Respondent Nos.1 to 9 were the plaintiffs in
the suit which was for declaration of the plaintiffs' title
over the suit property and Will dated 12.06.2003 executed
by Ramu @ Rama Sultan Ninganure was bogus and
created. It is not necessary to narrate the facts of the
case because after the appellant filed written statement,
NC: 2023:KHC-D:9355-DB
RFA No. 100460 of 2019
he sought transfer of the suit to another Court by filing a
petition under Section 24 of the Code of Civil Procedure.
Thinking that till the transfer petition was decided, the trial
Court would not proceed with the suit, he did not contest
the suit and this resulted in the suit being decreed.
Aggrieved by the same, appellant/defendant No.1 has
preferred this appeal.
3. We find that the reasons given by defendant
No.1 for his non-appearance before the trial Court to
contest the suit is well founded. If he did not contest the
suit under the impression that the trial Court would not
proceed in the suit, he has to be given an opportunity.
Therefore, we find that the impugned judgment needs to
be set aside for giving an opportunity to defendant No.1 to
contest the suit. However, remand order cannot be made
without imposing costs because the plaintiffs are made to
appear before the Court once again. In this view of the
matter, we pass the following:
NC: 2023:KHC-D:9355-DB
RFA No. 100460 of 2019
ORDER
a. The appeal is allowed,
b. The judgment dated 12.04.2019 in
O.S.No.166/2017 on the file of the Senior Civil
Judge and JMFC, Raibag, is set aside and the
matter stands remanded,
c. The appellant/defendant No.1 is hereby directed
to pay costs of Rs.10,000/- to the plaintiffs,
d. Appellant shall appear before the trial Court on
25.09.2023 and deposit the costs in the trial
Court,
e. The trial Court shall secure the presence of the
plaintiffs by issuing Court notice.
Sd/-
JUDGE
Sd/-
JUDGE
JM
