Karnataka High Court
Smt. Laxmibai W/O Hanamant Chouraddi vs Smt. Uma W/O Rachanna Hiresommannavar on 6 November, 2025
Author: R.Devdas
Bench: R.Devdas
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NC: 2025:KHC-D:15162-DB
RFA No. 100370 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 6TH 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.100370 OF 2024 (PAR/POS)
BETWEEN:
1. SMT. LAXMIBAI W/O. HANAMANT CHOURADDI,
AGE: 44 YEARS,
OCC: AGRICULTURE & HOUSEHOLD WORK,
R/O. RANJANAGI VILLAGE-587313,
TAL. MUDHOL, DIST. BAGALKOT.
2. KUMAR PRAFUL S/O. HANAMANT CHOURADDI,
AGE: 23 YEARS, OCC: STUDENT,
R/O. RANJANAGI VILLAGE-587313,
TAL. MUDHOL, DIST. BAGALKOT.
Digitally signed
by V N
3. KUMAR PRAJWAL S/O. HANAMANT CHOURADDI,
BADIGER
Location: High
AGE: 19 YEARS, OCC: STUDENT,
Court of
Karnataka,
R/O. RANJANAGI VILLAGE-587313,
Dharwad
Bench. TAL. MUDHOL, DIST. BAGALKOT.
...APPELLANTS
(BY SRI. G. B. NAIK AND SMT. P. G. NAIK, ADVOCATES)
AND:
1. SMT. UMA W/O. RACHANNA HIRESOMMANNAVAR,
AGE: 42 YEARS,
OCC: HOUSEHOLD WORK & AGRICULTURE,
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NC: 2025:KHC-D:15162-DB
RFA No. 100370 of 2024
HC-KAR
HANUMAN NAGAR, PM BUDNI ROAD,
MUDHOL-587313, DIST. BAGALKOT.
2. SHRI GOUDAPPA S/O. LAXMAPPA CHOURADDI,
AGE: 82 YEARS, OCC: AGRICULTURE,
R/O. RANJANAGI VILLAGE-587313,
TAL. MUDHOL, DIST. BAGALKOT.
3. SMT. KAREWWA S/O. GOUDAPPA CHOURADDI,
AGE: 72 YEARS,
OCC: HOUSEHOLD WORK & AGRICULURE,
R/O. RANJANAGI VILLAGE-587313,
TAL. MUDHOL, DIST. BAGALKOT.
4. SHRI SOMASHEKHAR S/O. GOUDAPPA CHOURADDI,
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O. RANJANAGI VILLAGE-587313,
TAL. MUDHOL, DIST. BAGALKOT.
...RESPONDENTS
(BY SRI. SHRIHARSH A. NEELOPANT, ADV. FOR R1;
SRI. L. M. KURAHATTI, ADV. FOR R2 TO R4)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 READ WITH ORDER XLI RULE 1 OF CPC., 1908, PRAYING TO
THE JUDGMENT AND DECREE DATED 21.11.2023 PASSED BY
THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND JMFC,
MUDHOL IN O.S. NO.261/2022 MAY KINDLY BE SET ASIDE AND
ETC.
THIS APPEAL, COMING ON FOR ADMISSION, 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
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NC: 2025:KHC-D:15162-DB
RFA No. 100370 of 2024
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
1. Learned counsel for respondent No.1 submits that
the main contention of the appellants, who were defendants No.4
to 6 before the trial Court is that they were placed ex-parte and
sufficient opportunity was not given to them. Learned counsel
therefore submits that the matter may be remitted back to the
trial Court to afford an opportunity to the appellants herein to file
their written statement within a fixed time and proceed with the
matter on merits.
2. Learned counsel for the appellants accepts the
submission made by the learned counsel for respondent No.1.
3. Accordingly, the appeal is allowed in part by imposing
cost of Rs.5,000/- on the appellants herein payable to the
plaintiff on the first date of hearing before the trial Court, while
setting aside the impugned Judgment and Decree dated
21.11.2023 passed by the Principal Senior Civil Judge and JMFC,
Mudhol in O.S.No.261/2022. Matter stands remitted back to the
trial Court with a direction to the appellants herein to file written
statement within a period of four weeks from today.
NC: 2025:KHC-D:15162-DB
HC-KAR
4. Parties are directed to appear before the Court of
Principal Senior Civil Judge and JMFC, Mudhol on 01.12.2025
without awaiting any further notice from the trial Court.
5. Having regard to the fact that the suit was filed in the
year 2022 and this matter is being remanded to enable the
defendants No.4 to 6 to file their written statement and proceed
with the matter, we direct the trial Court to endevour to dispose
of the suit as expeditiously as possible and at any rate within a
period of one year from 01.12.2025.
6. Parties, more particularly defendants are directed to co-
operate and ensure that the evidence of the defendants are
recorded and they are available for cross-examination at the
hands of the plaintiff.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
