Karnataka High Court
Santosh vs Nijagunayya on 15 October, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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RFA No. 200203 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
REGULAR FIRST APPEAL NO. 200203 OF 2025 (DEC)
BETWEEN:
SANTOSH S/O NIJGUNAYYA SWAMY,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O. ALIYABAD VILLAGE,
TQ. AND DIST. BIDAR- 585 401.
...APPELLANT
(BY SRI. HARSHAVARDHAN R MALIPATIL, ADVOCATE)
AND:
Digitally signed
by RAMESH
MATHAPATI
1. NIJAGUNAYYA
Location: HIGH S/O LATE SIDRAMAYYA SWAMY,
COURT OF
KARNATAKA AGE: 73 YEARS, OCC: AGRICULTURE,
R/O ALIYABAD VILLAGE,
TQ. AND DIST. BIDAR- 585 401.
2. SHIVAPRASAD S/O SANTOSH,
AGE: 25 YEARS, OCC: AGRICULTURE,
R/O VIDYA NAGAR, COLONY, BIDAR-585 401.
...RESPONDENTS
(BY SRI. RAVI B PATIL, ADVOCATE)
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RFA No. 200203 of 2025
HC-KAR
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF THE CPC, PRAYING TO ALLOW THIS APPEAL WITH COST
AND SET ASIDE THE JUDGMENT AND DECREE PASSED IN
O.S.No.133 OF 2021 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC., AT BIDAR DATED
15.06.2024, AND CONSEQUENTLY DISMISS THE SUIT OF THE
PLAINTIFFS.
THIS APPEAL, COMING ON FOR ORDER, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
This appeal is filed by defendant No.1 under Section
96 of CPC challenging the judgment and decree dated
15.06.2024 passed in O.S.No.133/2021 by the II Addl.
Senior Civil Judge & JMFC, Bidar (for short 'Trial Court')
whereby the suit filed by the plaintiff has been decreed.
2. For the sake of convenience, the parties are
referred to as per the ranks before the Trial Court.
3. The plaintiff is father of defendant Nos.1 and 2.
The plaintiff filed the suit for declaration in respect of suit
schedule property bearing Sy.No.49 measuring 17 acres
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HC-KAR
31 guntas to the extent of 14 acres 26 guntas of Chowly
Village. On service of summons, defendants appeared
through their counsel and filed written statement. On the
basis of the pleadings of the parties, the Trial Court
framed relevant issues and decreed the suit. Even though,
the defendants have been represented through the
counsel by filing written statement, they have not adduced
any evidence nor cross-examined the plaintiff's evidence.
Considering the material on record, the Trial Court has
decreed the suit.
4. Since the defendants have not adduced any
evidence, to give one more opportunity, we are of the
opinion that the matter requires to be remanded back to
the Trial Court to re-consider the suit afresh. Accordingly,
we proceed to pass the following;
ORDER
(a) The appeal is allowed and remanded.
(b) The judgment and judgment and decree dated
15.06.2024 passed in O.S.No.133/2021 by the
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II Addl. Senior Civil Judge & JMFC, Bidar, is
hereby set aside.
(c) Matter is remitted back to the Trial Court to re-
consider the suit in O.S.No.133/2021 afresh
after giving an opportunity to both the parties.
(d) Since the suit is of the year 2021, parties are
directed to appear before the Trial Court on
20.11.2025, without awaiting any further
notice.
(e) The Trial Court is directed to dispose of the
suit as expeditiously as possible not later than
six months from the date of appearance of the
parties.
It is made clear that, if there is any order of
injunction during the pendency of the suit, the same will
be revived till the disposal of the suit.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
msr
CT: SB
