- 1 - HC-KAR NC: 2025:KHC:21690-DB RFA No. 2729 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 2729 OF 2024 (SP) BETWEEN: 1. SRI. MARIAIAH S/O LATE KEMPAIAH AGED ABOUT 73 YEARS 2. SMT. JAVARAMMA W/O SRI. MARIAIAH AGED ABOUT 58 YEARS 3. SRI. RAVI M. S/O SRI. MARIAIAH AGED ABOUT 42 YEARS 4. SMT. SAVITHA W/O SRI. RAVI M. AGED ABOUT 34 YEARS 5. KUM. SINCHANA D/O SRI RAVI M. AGED ABOUT 15 YEARS 6. MASTER. CHETHAN S/O SRI. RAVI M. AGED ABOUT 14 YEARS APPELLANTS No.5 AND 6 ARE MINORS, REP. BY THEIR NATURAL GUARDIAN SMT. SAVITHA, I.E., 4TH APPELLANT Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21690-DB RFA No. 2729 of 2024 7. SMT. SHOBHA D/O SRI. MARIAIAH AGED ABOUT 39 YEARS 8. SMT. MEENAKSHI D/O SRI. MARIAIAH AGED ABOUT 38 YEARS ALL ARE RESIDING AT MAIDANAHALLI VILLAGE YELWALA HOBLI MYSURU TALUK-571 130 …APPELLANTS (BY SRI. Y.K. NARAYANA SHARMA, ADVOCATE) AND: M/S. VISMAYA DEVELOPERS REPRESENTED BY ITS PARTNER BY NAME SRI. A. BALAJI S/O LATE THIMMA NAIDU AGED ABOUT 43 YEARS RESIDING AT DO.No.6, KEB EXTENSION KATRIGUPPE MAIN ROAD BANASHANKARI 3RD STAGE VIVEKANANDA NAGAR BENGALURU-560 085 …RESPONDENT (BY SRI. R.S. RAVI, SENIOR COUNSEL FOR SRI. AKARSH KUMAR GOWDA, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.07.2024 PASSED IN OS.No.891/2020 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSURU, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:21690-DB RFA No. 2729 of 2024 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed by defendants No.1 to 8 before the Trial Court against the judgment and decree dated 04.07.2024 in O.S. No.891/2020 on the file of III Additional Senior Civil Judge and CJM, at Mysuru. It is submitted by the learned counsel appearing for the appellants that the appellants had been served with notice and had entered appearance. The suit was for specific performance of a sale agreement dated 01.07.2020. It is submitted that there are other suits pending with regard to the very same property and that a writ petition has also been filed with regard to resumption of the land. It is submitted that though serious contentions were available to the appellants in the Trial Court, by sheer advertence, no written statement was filed and the suit was considered and decreed without an opportunity being available. - 4 - HC-KAR NC: 2025:KHC:21690-DB RFA No. 2729 of 2024 2. Learned counsel appearing for the respondent submits that the appellants were admittedly put on notice and that they had appeared through counsel and had participated in the proceedings. It is submitted that the failure to file a written statement was only to delay the proceedings. 3. Having considered the contentions advanced and in view of the contention that two suits and a writ petition are also pending with regard to rights of the parties, we are of the opinion that the appellants are to be given an opportunity to raise their contentions before the Trial Court. 4. In the result:- (i) The appeal is allowed. (ii) The judgment and decree dated 04.07.2024 in O.S. No.891/2020 on the file of III Additional Senior Civil Judge and CJM, at Mysuru is set-aside. (iii) The matter is remanded to the Trial Court for a fresh consideration. (iv) Parties shall record appearance before the Trial Court on 22.07.2025. The appellants shall file written statement if any, within two weeks thereafter. - 5 - HC-KAR NC: 2025:KHC:21690-DB RFA No. 2729 of 2024 (v) The Trial Court shall endeavour to dispose of the matter within six months from the date on which the parties appear before the Court. (vi) Court Fee refund shall be dealt with as applicable. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE RAK List No.: 1 Sl No.: 16