Karnataka High Court
Siddu S/O Sangappa Kengalagutti vs Shankargouda S/O Sanganagouda Patil on 13 November, 2025
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WP No. 100179 of 2023
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
WRIT PETITION NO. 100179 OF 2023 (GM-CPC)
BETWEEN:
SIDDU S/O SANGAPPA KENGALAGUTTI,
AGE. 33 YEARS, OCC. AGRICULTURE,
R/O. BIDARI VILLAGE-587 301,
TQ. JAMAKHANDI, DIST. BAGALKOT.
... PETITIONER
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
AND:
SHANKARGOUDA S/O SANGANAGOUDA PATIL,
AGE. 77 YEARS, OCC. AGRICULTURE,
R/O. KAVATAGI VILLAGE-587 301,
TQ. JAMAKHANDI, DIST. BAGALKOT.
... RESPONDENT
(BY SRI. M.C. HUKKERI, ADVOCATE)
Digitally signed by
CHANDRASHEKAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
LAXMAN
KATTIMANI 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT
Location: HIGH
COURT OF IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED
KARNATAKA
DHARWAD BENCH ORDER DATED 14.01.2022 PASSED BY THE I ADDL. DISTRICT
Date: 2025.11.19
12:20:50 +0530 AND SESSIONS JUDGE, BAGALKOT TO SIT AT: JAMKHANDI IN
MA NO.5018/2021 (ANNEXURE-A) AND IMPUGNED ORDER
DATED 27.09.2021 PASSED BY THE ADDL. SENIOR CIVIL JUDGE,
JAMAKHANDI IN CIVIL MISC. NO.1/2021 (ANNEXURE-B) AND
CONSEQUENTLY RESTORE THE OS NO.12/2020 ON THE FILE OF
THE ADDL. SENIOR CIVIL JUDGE, AT: JAMKHANDI, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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WP No. 100179 of 2023
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
This Writ Petition is filed assailing the order dated
27.09.2021 in Civil Misc.No.1/2023 dismissing the petitioner's
application under Order IX Rule 13 of the Code of Civil Procedure
(for short 'Code'), and the judgment in Misc. Appeal
No.5018/2021 on the file of I Additional District Judge,
Jamakhandi dismissing the appeal against the order rejecting the
Miscellaneous Application under Order IX Rule 13 of the Code.
2. The petitioner claims that a decree for specific
performance in O.S.No.12/2020 on the file of Senior Civil Judge,
Jamakhandi is passed against him and that the said suit which
was filed on 14.02.2020 was decreed on 04.12.2020.
3. It is urged that the petitioner could not appear before
the Court because of the restrictions imposed on account of
COVID-19 pandemic.
4. The Trial Court rejected the application without
noticing the fact that under the directions issued by the Apex
Court, there could not have been an adverse order during
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COVID-19 pandemic. It is further urged that the Appellate Court
has not noticed the valid contentions raised.
5. Learned counsel for the petitioner would urge that
the decree for specific performance involving immoveable
property if it is allowed to attain finality without there being
contest, the petitioner will suffer irreparable loss and injury.
6. Learned counsel for the respondent would submit
that the judgment was delivered in December 2020 and
restrictions relating to the movement on account of COVID-19
pandemic were relaxed by then. It is his contention that the trial
Court and the First Appellate Court were justified in dismissing
the application and appeal to set aside the decree.
7. The Court has considered the contentions raised at
the Bar and perused the records.
8. There is no denial of the fact that the suit was filed
on 14.02.2020 and by that time, the defendant could not appear
before the Court. The defendant remained exparte on
11.03.2020 and thereafter on 23.03.2020, lockdown was
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imposed and the evidence was recorded during the COVID-19
pandemic related restriction period and the decree is passed.
9. The Court is of the view that the petitioner has made
out a case to contest the matter in O.S.No.12/2020 on merits, as
the judgment and decree came to be passed exparte under
peculiar circumstances, noted above.
10. Hence, the following:
ORDER
(i) The Writ Petition is allowed.
(ii) The impugned order dated 14.01.2022 on the
file of I Additional District Judge, Bagalkot in
Misc. No.5018/2021 and the order dated
27.09.2021 passed by Additional Senior Civil
Judge, Jamakhandi in Civil Misc.No.1/2021 are
set-aside.
(iii) Consequently, the judgment dated 04.12.2020
on the file of Additional Senior Civil Judge,
Jamkhandi in O.S.No.12/2020 is restored.
(iv) The matter is remitted to the Trial Court for
fresh consideration in accordance with law.
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(v) The petitioner/defendant shall file the written
statement before the Trial Court on the date
of appearance and shall also pay cost of
Rs.30,000/- to the plaintiff/respondent.
(vi) The payment of cost and filing of written
statement within 7 days from the date of
appearance is the condition precedent to
contest the matter.
(vii) The parties shall appear before the Trial Court
on 15.12.2025 without any further notice
from the Trial Court.
(viii) It is made clear that this Court has not
expressed any opinion on the merits of the
matter.
(ix) All contentions kept open. Both parties shall
co-operate for early disposal of the suit.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
GVP
CT:BCK
