Karnataka High Court
Shivappa vs Smt. Suvarna @ Sugamma And Ors on 9 June, 2023
Bench: N.S.Sanjay Gowda
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NC: 2023:KHC-K:869
RFA No. 200023 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
REGULAR FIRST APPEAL NO. 200023 OF 2022 (DEC/INJ)
BETWEEN:
SHIVAPPA S/O LATE MAHANTAPPA,
AGE : 54 YEARS, OCC : AGRICULTURE,
R/O VILLAGE MURANPUR,
TQ. AND DIST : RAICHUR-584101.
SINCE DEAD BY LRS
1(A) SMT.SHAKUNTALA W/O LATE SHIVAPPA,
AGE : 48 YEARS, OCC : AGRICULTURE,
1(B) PRAVEENKUMAR S/O LATE SHIVAPPA,
AGE : 23 YEARS,
1(C) MAHANTESH S/OLATE SHIVAPPA,
AGE : 21 YEARS,
Digitally signed
by SACHIN ALL R/O VILLAGE MURANPUR,
Location: HIGH TQ. & DIST : RAICHUR - 584 101.
COURT OF
KARNATAKA ...APPELLANTS
(BY SMT.JOTHI S.KULAKARNI, ADVOCATE FOR SRI SACHIN M
MAHAJAN, ADVOCATE)
AND:
1. SMT. SUVARNA @ SUGAMMA,
W/O SHARBANNA,
AGE : 23 YEARS, R/O H.NO.11-8-82,
NEAR GEETA MANDIR, BRESTWARPET,
RAICHUR-584101.
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RFA No. 200023 of 2022
2. SWATI D/O SHIVAPPA,
AGE : 21 YEARS, R/O H.NO.11-1-69,
M.G.ROAD, RAICHUR-584101.
3. EARANNA S/O GANGAPPA NANDWAR,
AGE : 36 YEARS, OCC : AGRICULTURE,
R/O VILLAGE KALMALA,
TQ. AND DIST : RAICHUR-584101.
4. SMT CHANNAMMA W/O ERANNA NANDWAR,
AGE :33 YEARS, OCC : HOUSEHOLD,
R/O VILLAGE KALMALA,
TQ. AND DIST : RAICHUR-584101.
5. SMT. VINITHA W/O SHIVAPPA NANDWAR,
AGE : 31 YEARS, R/O VILLAGE KALMALA,
TQ. AND DIST : RAICHUR-584101.
...RESPONDENTS
(BY SRI ANANTH S.JAHAGIRDAAR, ADVOCATE)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 17.08.2021 PASSED IN O.S. NO.75/2019 ON THE FILE
OF I ADDL. SENIOR CIVIL JUDGE AND JMFC AT RAICHUR,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is filed against the decree granting
declaration and possession in favour of the plaintiffs.
2. Learned counsel for the appellants contended
that though the appellants had entered appearance, they
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RFA No. 200023 of 2022
did not participate in the proceedings and in essence the
impugned order is an ex-parte judgment.
3. Learned counsel for the respondents does not
dispute the fact that apart from filing of written statement,
no further steps were taken by the defendants to contest
the matter.
4. In my view having regard to the fact that the
suit is of the year 2019 and the appellants are essentially
seeking for grant of an opportunity to contest the
proceedings, it would be appropriate to set-aside the
impugned order and remand the matter to the Trial Court
for fresh disposal after affording an opportunity to the
appellant/defendant to put-forth his case.
5. Accordingly, the impugned judgment dated
17.08.2021 and decree dated 30.08.2021 passed in
O.S.No.75/2019 by the court of the I Addl. Senior Civil
Judge and JMFC, Raichur are set-aside and the matter is
remanded to the Trial Court with a direction to the Trial
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RFA No. 200023 of 2022
Court to afford an opportunity to the appellants to file their
written statement and contest the proceedings.
6. The appellants shall file their written statement
within a period of thirty days from the date of appearance
and shall not protract the proceedings by seeking for
adjournments. The Trial Court to endeavour to dispose of
the suit as expeditiously as possible.
7. Since both the parties are represented before
this Court, they shall without expecting any notice, appear
before the Trial Court on 30.06.2023.
8. It is also necessary to impose litigation costs in
this appeal since there is an unnecessary financial burden
cast upon the respondents to contest this appeal.
Consequently, a sum of `10,000/- shall be deposited
before this Court or shall be handed over to the learned
counsel appearing for the respondents within four weeks.
Sd/-
JUDGE
SN
