Karnataka High Court
Shri.Mayappa S/O Bhima Agneppagol vs Shri.Sadashiv S/O Bhima Agneppagal on 7 November, 2025
Author: R.Devdas
Bench: R.Devdas
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RFA No. 100488 of 2018
C/W RFA No. 100375 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 7TH 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.100488 OF 2018 (SP)
C/W. R.F.A. NO.100375 OF 2018 (SP)
IN R.F.A. NO.100488 OF 2018
BETWEEN:
SHRI SADASHIV S/O. HALASIDDHA AGNEPPAGOL,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. KANKANWADI, TQ: RAIBAG,
DIST: BELAGAVI-591222.
...APPELLANT
(BY SRI. LAXMAN T. MANTAGANI, ADV. FOR
SRI. NAGARAJ J. APPANNANAVAR, ADVOCATES)
Digitally AND:
signed by V N
BADIGER
Location: High
Court of
SHRI MAYAPPA S/O. BHIMA AGNEPPAGOL,
Karnataka,
Dharwad
AGE: 57 YEARS, OCC: AGRICULTURE,
Bench. R/O. KANKANWADI, TQ: RAIBAG,
DIST: BELAGAVI-591222.
...RESPONDENT
(BY SRI. SHABAZ A. QAZI, ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF C.P.C., PRAYING TO MODIFY THE JUDGMENT AND DECREE
IN O.S.NO.123/2017 DATED 29.08.2018 PASSED BY THE COURT
OF SENIOR CIVIL JUDGE AND JMFC, RAIBAG, DIRECTING THE
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RFA No. 100488 of 2018
C/W RFA No. 100375 of 2018
HC-KAR
DEFENDANT TO EXECUTE A REGISTERED SALE DEED IN FAVOUR
OF THE PLAINTIFF IN RESPECT OF THE SUIT SCHEDULE 'A'
PROPERTIES BY ACCEPTING BALANCE SALE CONSIDERATION OF
RS.50,000/- IN TERMS OF THE REGISTERED AGREEMENT OF
SALE DEED DTD: 11-09-2014 AND ALLOW THE REGULAR FIRST
APPEAL WITH COST THROUGHOUT, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN RFA NO.100375 OF 2018
BETWEEN:
SHRI MAYAPPA S/O. BHIMA AGNEPPAGOL,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O. KANKANWADI, PIN: 591222,
TQ: RAIBAG, DIST: BELAGAVI.
...APPELLANT
(BY SRI. SHABAZ A. QAZI, ADVOCATE;
SRI. P. V. GUNJAL, ADVOCATE [NOC])
AND:
SHRI SADASHIV S/O. BHIMA AGNEPPAGAL,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. SANIKOPPA, PIN-591125,
TQ: BAILHONGAL, DIST: BELAGAVI.
...RESPONDENT
(BY SRI. LAXMAN T. MANTAGANI, ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF C.P.C., READ WITH ORDER 41 OF C.P.C., PRAYING TO
CALL FOR RECORDS IN O.S. NO.123/2017 PASSED BY THE
COURT OF SENIOR CIVIL JUDGE AND JMFC, RAIBAG, DATED
29.08.2018, IN THE INTEREST OF JUSTICE AND EQUITY AND
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RFA No. 100488 of 2018
C/W RFA No. 100375 of 2018
HC-KAR
SET ASIDE THE JUDGMENT AND DECREE DATED 29-08-2018
PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC,
RAIBAG IN O.S. NO.123/2017, IN THE INTEREST OF JUSTICE
AND EQUITY AND ETC.
THESE APPEALS, COMING ON FOR FINAL HEARING, 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
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
1. These two appeals arise out of the impugned
judgment passed by the learned Senior Civil Judge and
JMFC, Raibag, in O.S. No.123/2017, and therefore, these
two appeals were clubbed together and are now being
disposed of by this common judgment.
2. Both the plaintiff as well as the defendant have
filed these appeals.
3. In the appeal filed by the defendant in RFA
No.100375 of 2018, the ground raised by the
appellant/defendant is that although the defendant had filed
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HC-KAR
the written statement, he was not given sufficient
opportunity to cross-examine the plaintiff's witnesses. The
defendant had also not entered the witness box, and no
evidence was recorded on behalf of the defendant.
Therefore, the learned counsel for the appellant/defendant
submits that the judgment is required to be set aside and
the matter should be remitted back to the Trial Court to
afford an opportunity of hearing to the defendant.
4. Learned counsel for the respondent/plaintiff,
although submitted that after filing the written statement, if
the defendant has not shown any interest in pursuing the
matter, no benefit can be given to the defendant,
nevertheless, the learned counsel left it to the discretion of
the Court to decide that if the matter requires
reconsideration, the same may be done by levying
appropriate costs on the defendant.
5. Accordingly, the impugned judgment and decree
passed in O.S. No.123/2017 are set aside, while remanding
the matter back to the Trial Court to afford an opportunity
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to the defendant by permitting them to cross-examine the
witnesses of the plaintiff, and thereafter, permitting the
defendant to examine themselves and be cross-examined
by the plaintiff.
6. Consequently, this Court proceeds to pass the
following:
ORDER
I. The impugned judgment and decree passed in O.S.
No.123/2017 on the file of the learned Senior Civil
Judge and JMFC, Raibag, are hereby set aside.
II. The matter stands remitted back to the Trial Court to
afford an opportunity to the defendant to cross-examine
the witnesses of the plaintiff. At the same time, if any
request is made by the plaintiff to lead additional
evidence, the same shall also be permitted by the Trial
Court.
III. The parties are directed to appear before the Trial Court
on 02.12.2025, without waiting for further notice. On
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the first date of hearing before the Trial Court, the
defendant shall pay costs of ₹5,000/- to the plaintiff
and thereafter proceed as directed by this Court.
IV. The Office is directed to transmit the Trial Court records
forthwith and also to refund the court fee in accordance
with law.
In view of the disposal of the appeals, all pending
applications, if any, shall stand disposed of.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
VB /CT-AN
