- 1 - NC: 2025:KHC:12797 RFA No. 2434 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2434 OF 2023 (PAR) BETWEEN: 1. SRI. GOPAL S/O LATE S. VENKATESH AGED ABOUT 50 YEARS 2. SRI. MOHAN S/O LATE S. VENKATESH AGED ABOUT 48 YEARS 3. SRI SARAVAN S/O LATE S. VENKATESH AGED ABOUT 50 YEARS ALL ARE RESIDENT OF NO. 272, 2ND MAIN, 3RD PHASE WEST OF CHORD ROAD MANJUNATHA NAGAR BENGALURU - 560 010 …APPELLANTS (BY SRI. V. RAJAIAH, ADVOCATE) AND: SMT. KANNAMMA W/O PANCHCHALAM AGED ABOUT 64 YEARS R.AT NO 88/7, 4TH CROSS 1ST MAIN, OKALIPURAM BENGALURU-560 021 …RESPONDENT (BY SRI. SARAVANA S, ADVOCATE) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:12797 RFA No. 2434 of 2023 THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE ORDER DATED 19.07.2022 PASSED IN FDP NO.14/2007 ON THE FILE OF I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING THE PETITION FILED U/O 20 RULE 18(2) OF CPC. 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 1. This appeal by the respondents in FDP No.14/2007 on the file of the 1st Additional City Civil and Sessions Judge, Bengaluru is directed against the impugned order dated 19.07.2022, whereby the final decree petition filed by the respondent - petitioner was allowed by the Trial Court. 2. A perusal of the material on record, would indicate that the respondent - petitioner who was the plaintiff in O.S.No.392/2004 had instituted the aforesaid final decree proceedings in FDP No.14/2007 seeking implementation and enforcement of the preliminary decree dated 19.12.2006 passed by the Trial Court. The suit schedule - 3 - NC: 2025:KHC:12797 RFA No. 2434 of 2023 property comprises of immovable property described as item No.1 of the plaint schedule property. The said final decree proceedings having been opposed by the appellant, the Trial Court proceeded to pass the impugned order allowing the final decree petition filed by the respondent - plaintiff / petitioner, aggrieved by which, the appellants are before this Court by way of the present appeal. 3. Learned counsel for the appellant submits that though both the sides had adduced oral and documentary evidence in support of their respective claims as well as the evidence of the Court Commissioner - CW1, the Trial Court did not consider and appreciate the same in its proper perspective and as such, the impugned order passed by the Trial Court allowing the final decree petition filed by the respondent deserves to be set-aside and the matter be remitted back to the Trial Court for reconsideration afresh, in accordance with law. 4. Per contra, learned counsel for the respondent would admit / concede that though, both the parties have - 4 - NC: 2025:KHC:12797 RFA No. 2434 of 2023 adduced both oral and documentary evidence in support of their respective claims and that the Commissioner was examined as CW1, the Trial Court has not considered / appreciated the rival contentions and submissions and the impugned order may be set-aside and the matter be remitted back to the Trial Court for re-consideration afresh within a stipulated time frame. 5. In view of the aforesaid facts and circumstances and the joint submissions made by both sides, I deem it just and appropriate to set-aside the impugned order and remit FDP No.14/2007 back to the Trial Court for re-consideration afresh in accordance with law, within a stipulated time frame. 6. The appeal is hereby allowed. The impugned order passed in FDP No.14/2007 is set-aside. The matter is remitted back to the Trial Court for reconsideration afresh in accordance with law. 7. Both, the appellants and the respondent shall appear before the Trial Court without awaiting further notice, on - 5 - NC: 2025:KHC:12797 RFA No. 2434 of 2023 15.04.2025. The Trial Court is directed to conclude and dispose of the proceedings within a period of three months from 15.04.2025. 8. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE GH List No.: 1 Sl No.: 7