- 1 - HC-KAR NC: 2025:KHC-D:15897 RFA No. 100438 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 100438 OF 2025 (PAR/POS) BETWEEN: 1. SMT. NETRA @ NETRAVATHI W/O CHANDAPPA PUJAR, AGE. 47 YEARS, OCC. BUSINESS, R/O. SHIRAGUMPI, TQ. KUSHTAGI, DIST. KOPPAL, NOW AT R/O. E/-226/B, RAMANAGAR-BETIM ROAD, RAMA MANDIR, VTC: REIS MAGOS, PO: REIS MAGOS, SUB DISTRICT: BARDEZS, DIST. NORTH GOA, STATE: GOA, PIN-403 001. 2. SHRIRAM S/O CHANDAPPA PUJAR, AGE. 23 YEARS, OCC. STUDENT, R/O. SHIRAGUMPI, TQ. KUSHTAGI, DIST. KOPPAL, NOW AT R/O. E/-226/B, RAMANAGAR-BETIM ROAD, RAMA MANDIR, VTC: REIS MAGOS, PO: REIS MAGOS, SUB DISTRICT: BARDEZS, DIST. NORTH GOA, STATE: GOA, PIN-403 001. 3. LAKSHMAN S/O CHANDAPPA PUJAR, AGE. 23 YEARS, OCC. STUDENT, R/O. SHIRAGUMPI, TQ. KUSHTAGI, DIST. KOPPAL, NOW AT R/O. E/-226/B, RAMANAGAR-BETIM ROAD, RAMA MANDIR, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.22 11:19:57 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15897 RFA No. 100438 of 2025 VTC: REIS MAGOS, PO: REIS MAGOS, SUB DISTRICT: BARDEZS, DIST. NORTH GOA, STATE: GOA, PIN-403 001. … APPELLANTS (BY SRI. SHIVANAND MALASHETTI, ADVOCATE) AND: 1. SMT. CHANNAVVA @ CHANNAMMA W/O CHANDAPPA PUJAR, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. CHANDRAGIRI, TQ. KUSHTAGI, DIST. KOPPAL, PIN-583 231. 2. SMT. SHARANAMMA W/O MASAPPA HITTALAMANI, AGE. 26 YEARS, OCC. POLICE CONSTABLE, R/O. KABBARAGI, TQ. KUSHTAGI, DIST. KOPPAL, NOW RESIDING AT: KUSHTAGI, TQ. KUSHTAGI, DIST. KOPPAL, PIN-583 231. … RESPONDENTS (BY SRI. ANAND R. KOLLI, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, PRAYING TO CALL FOR RECORDS AND TO SET- ASIDE THE JUDGMENT AND DECREE DATED 28.11.2023 IN O.S. NO.414/2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, KUSHTAGI OR REMANDED THE MATTER BY PROVIDING AN OPPORTUNITY TO THE APPELLANTS TO PROVE THEIR CASE AND CONSEQUENTLY DISMISS THE SUIT OF THE RESPONDENTS, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15897 RFA No. 100438 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the appellants, and the learned counsel appearing for the respondents. 2. This First Appeal is filed against the judgment and decree dated 28.11.2023 in O.S.No.414/2022 on the file of Senior Civil Judge, Kushtagi. The suit for partition is decreed. 3. Learned counsel for the defendants/appellants would submit that the suit summons was not served on the appellants who are residents of Goa. The address of the defendants/appellants is shown as resident of Shiragumpi, Kushtagi Taluk, Koppal district. 4. It is noticed that notice was published through paper publication in Vijayavani, Kannada newspaper. 5. Learned counsels for the appellants submit that since the appellants are residents of Goa, said Kannada newspaper was not circulated in Goa and they were not aware of the pendency of the suit. - 4 - HC-KAR NC: 2025:KHC-D:15897 RFA No. 100438 of 2025 6. Learned counsel for the appellants has also produced the Aadhar card, residential proof of the appellants which would indicate that they are residents of Goa. 7. Learned counsel for the respondents would urge that the appellants have deliberated evaded service of notice and not entitled to any relief. 8. The following points would arise for consideration: Whether the appellants establish that there was no proper service of suit summons in the suit? 9. The documents would reveal that the appellants were residing in Goa when the suit was filed. It can be assumed that the Kannada newspaper does not have wide circulation in Goa and the notice through paper publication was not within the knowledge of the appellants. Hence, there is no proper service of suit summons. 10. Hence, the following: - 5 - HC-KAR NC: 2025:KHC-D:15897 RFA No. 100438 of 2025 ORDER (i) The Appeal is allowed. (ii) The impugned judgment and decree dated 28.11.2023 in O.S.No.414/2022 on the file of Senior Civil Judge, Kushtagi, are set aside. (iii) The matter is remitted to the Trial Court for fresh consideration. (iv) Parties shall appear before the Trial Court on 05.12.2025 without any further notice. (v) Within 30 days from the date of appearance, appellants/defendants shall file written statement and thereafter the Trial Court shall proceed to hear the matter on merits. (vi) It is made clear that nothing is expressed on the merits of the matter. (vii) All contentions of the parties are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP CT:BCK LIST NO.: 1 SL NO.: 63