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2025 DAILYLAW 24680 (KAR)

SRI. M N KUMAR v. SRI. S. R PRAKASH

RFA/1017/2025 · 2025-04-28

S R Krishna Kumar

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17586 RFA No. 1017 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1017 OF 2025 BETWEEN: SRI. M N KUMAR S/O LATE NANJAPPA, AGED 59 YEARS, PRESENTLY RESIDING AT NO.526/9, 9TH MAIN, HAMPINAGAR, VIJAYANAGARA, BANGALORE – 560 040. RESIDING AT NO.2358, 1ST C MAIN, HAMPINGAR POST, HAMPINAGAR, BANGALORE – 560 104. SECRETARY - DISTRIBUTOR, THE KARNATAKA FILM CHAMBER OF COMMERCE, NO.28, CRESECENT ROAD, HIGH GROUNDS, BANGALORE – 560 001 (SHOWN IN THE JUDGEMENT AND DECREE) …APPELLANT (BY SRI. RAJESH A., ADVOCATE) AND: SRI. S. R. PRAKASH, AGED ABOUT 47 YEARS, RESIDING AT NO.1, 3RD CROSS, BHUVANESHWARINAGAR, BANASHANKARI 3RD STAGE, 3RD PHASE, BANGALORE – 560 085. …RESPONDENT (BY SRI. OMKAR BASAVA PRABHU, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND DECREE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:17586 RFA No. 1017 of 2025 DATED 18.06.2024 PASSED ON I.A.NO.III IN OS.NO.849/2023 ON THE FILE OF THE LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-64) BENGALURU CITY, ALLOWING THE I.A.NO.III FILED UNDER ORDER XXXVIII RULE 3(5) R/W SEC.151 OF CPC FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the defendant in O.S.No.849/2023 is directed against the impugned judgment and decree dated 18.01.2025 passed by the LXIII Addl.City Civil and Sessions Judge, Bangalore, whereby the said suit filed by the respondent-plaintiff under Order 37 CPC was decreed by the trial court in his favour against the appellant – defendant, thereby directing the appellant – defendant to pay a sum of Rs.33 lakhs together with interest. 2. Heard learned counsel for both sides and perused the material on record. 3. A perusal of the material on record will indicate that the respondent – plaintiff instituted the aforesaid suit invoking summary procedure envisaged under Order 37 CPC against the appellant – defendant, who entered appearance and filed an application - 3 - NC: 2025:KHC:17586 RFA No. 1017 of 2025 I.A.No.3 seeking permission to contest the suit by granting permission / leave to defend in his favour. By order dated 18.06.2024, the trial court partly allowed the application and granted leave in favour of the appellant – defendant to defend in the suit, subject to the condition that the appellant – defendant deposits a sum of Rs.33 lakhs within a period of one month from 18.06.2024. Aggrieved by the said order, appellant – defendant approached this Court in CRP No.500/2024, in which, this Court extended the time for deposit of the aforesaid amount of Rs.33 lakhs by the appellant. However, there was no interim order of stay granted by this Court in the aforesaid CRP No.500/2024, in which, an order dated 17.12.2024 was passed by this Court permitting the trial court to proceed further in accordance with law. Accordingly, the trial court proceeded further and decreed the suit in favour of the respondent – plaintiff against the appellant – defendant, who is before this Court by way of the present appeal. 4. Learned counsel for the appellant, on instructions, submits that since the appellant had not deposited the aforesaid amount of Rs.33 lakhs before the trial court as directed in the aforesaid order dated 18.06.2024 passed on I.A.No.3 as stated - 4 - NC: 2025:KHC:17586 RFA No. 1017 of 2025 supra, the appellant was not permitted to defend the suit and contest the same on merits, as a result of which, the suit came to be decreed vide the impugned judgment and decree without permitting the appellant to contest the suit. It is further submitted that if time is granted to the appellant to deposit the aforesaid amount of Rs.33 lakhs before the trial court, the appellant may be permitted to contest the suit on merits and the impugned judgment and decree may be set aside and the matter be remitted back to the trial court for reconsideration afresh in accordance with law. 5. Learned counsel for the respondent – plaintiff on instructions submits that he has no objection for the impugned judgment and decree being set aside and the matter being remitted back to the trial court for reconsideration afresh, subject to the appellant – defendant depositing a sum of Rs.33 lakhs before the trial court as expeditiously as possible. 6. In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their respective claims on merits and in view of the joint submissions made by both sides, I deem it just and appropriate to - 5 - NC: 2025:KHC:17586 RFA No. 1017 of 2025 remit the matter back to the trial court for reconsideration afresh in accordance with law by issuing certain directions in this regard. 7. In the result, I pass the following:- ORDER (i) Appeal is hereby allowed. (ii) The impugned judgment and decree dated 18.01.2025 passed in O.S.No.849/2023 by the trial court is hereby set aside, subject to the condition that the appellant depositing a sum of Rs.33 lakhs before the trial court within a period of six weeks from today. (iii) Immediately upon such deposit, the trial court shall invest the same in any Nationalised Bank in Fixed Deposit till the disposal of the suit. (iv) The appellant and respondent shall appear before the trial court on 04.06.2025 without awaiting further notice. (v) Upon the appellant – defendant depositing a sum of Rs.33 lakhs within a period of six weeks from today before the trial court as stated supra, the trial court shall permit the appellant to contest the suit on merits and dispose of the same in accordance with law within a period of three months from 04.06.2025. - 6 - NC: 2025:KHC:17586 RFA No. 1017 of 2025 (vi) It is made clear that in the event the appellant does not deposit the aforesaid amount of Rs.33 lakhs within the aforesaid period of six weeks from today, the present order shall stand automatically recalled and the present appeal shall stand dismissed without reference to the Bench and without further orders. (vii) It is needless to state that in the event the appellant – defendant succeeds in the suit after remand, the amount in deposit shall be refunded back to him with accrued interest. (viii) All rival contentions between the parties are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.