- 1 - HC-KAR NC: 2025:KHC-D:8184 MFA No. 102645 of 2025 C/W MFA No. 102648 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 102645 OF 2025 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 102648 OF 2025 IN MFA NO. 102645 OF 2025: BETWEEN: 1. SMT. SHASHIKALA W/O. MANJUNATH BIKKANNAVAR, AGE: 47 YEARS, OCC: HOUSE WIFE, 2. VARSHA MANJUNATH BIKKANNAVAR, AGE: 26 YEARS, OCC: STUDENT, BOTH APPELLANTS RESIDING AT: SIDDALINGESHWARA KRUPA, PLOT NO.20, LAXMINAGAR, VIDYAGIRI, DHARWAD-580 018. … APPELLANTS (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE) AND: VISHWANATH S/O. FAKIRAPPA BIKKANNAVAR, AGE: 51 YEARS, OCC: BUSINESS, R/O: BIKKANNAVAR BUILDING, NEAR DR. MELAVANKI HOSPITAL, LAXMINAGAR, DHARWAD-580 018. … RESPONDENT (BY SRI. MANOHAR YAMANUR, ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 R1(C) OF CIVIL PROCEDURE CODE, PRAYING TO SET ASIDE THE ORDER DATED 24.04.2025 PASSED IN MISC. CASE NO. 121/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD AND ORDER DATED 17.09.2021 PASSED IN R.A. NO. 175/2019 ON Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8184 MFA No. 102645 of 2025 C/W MFA No. 102648 of 2025 THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD AND RESTORE THE R. A. NO. 175/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD. IN MFA NO. 102648 OF 2025: BETWEEN: 1. SMT. SHASHIKALA W/O. MANJUNATH BIKKANNAVAR, AGE: 47 YEARS, OCC: HOUSE WIFE, 2. VARSHA MANJUNATH BIKKANNAVAR, AGE: 26 YEARS, OCC: STUDENT, NOW BOTH APPELLANTS RESIDING AT: SIDDALINGESHWARA KRUPA, PLOT NO.20, LAXMINAGAR, VIDYAGIRI, DHARWAD-580 004. … APPELLANTS (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE) AND: VISHWANATH S/O. FAKIRAPPA BIKKANNAVAR, AGE: 51 YEARS, OCC: BUSINESS, R/O: BIKKANNAVAR BUILDING, NEAR DR. MELAVANKI HOSPITAL, LAXMINAGAR, DHARWAD-580 004. … RESPONDENT (BY SRI. MANOHAR YAMANUR, ADVOCATE) THIS MFA IS FILED UNDER SECTION 104 OF CIVIL PROCEDURE CODE, PRAYING TO SET ASIDE THE ORDER DATED 24.04.2025 PASSED IN MISC. CASE NO. 122/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD AND ORDER DATED 17.09.2021 PASSED IN R.A. NO. 176/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD AND RESTORE THE R.A. NO. 176/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD. THESE APPEALS, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8184 MFA No. 102645 of 2025 C/W MFA No. 102648 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) These two appeals are filed by the defendants in the suit and the petitioners in miscellaneous petition challenging the orders passed in Misc. Nos.121 and 122 of 2021 dated 24.04.2025 on the file of leaned IV Addl. District and Sessions Judge, Dharwad1, by which RA Nos.175 & 176 of 2019 are dismissed by the first appellate Court. 2. The respondent/plaintiff has filed suit for declaration and possession. The appellants/defendants have filed another suit for partition. Both suits have been clubbed and the suit filed declaration and possession is decreed, whereas the suit filed for partition is dismissed. 3. The appellants have preferred RA Nos.175 & 176 of 2019, but these appeals came to be dismissed by the first appellate Court for non-prosecution. Thereafter, these appellants have preferred miscellaneous petitions under Order IX Rule 9 read with Section 151 of CPC praying to restore the aforesaid appeals. However, the first appellate Court has 1 Hereinafter referred to as ‘first appellate Court’ - 4 - HC-KAR NC: 2025:KHC-D:8184 MFA No. 102645 of 2025 C/W MFA No. 102648 of 2025 dismissed these petitions. Being aggrieved by it, the appellants have preferred these appeals. 4. The appellants herein are widow and daughter. The trial Court dismissed the suit filed by the appellants, so also the appeal before the first appellate Court. Since the appellants have not argued the matter, the first appellate Court dismissed both the appeals for non-prosecution. Now, the appellants are before this Court seeking to restore the dismissal order and to afford one more opportunity to contest and argue the appeals on merits. Hence, in the interest of justice, the orders passed in Misc.No.121 and 122 of 2021 and the orders passed in RA No.175 & 176 of 2019 dismissing the appeals for non- prosecution, are set-aside and the appeals in RA No.175 & 176 of 2019 are remanded to the first appellate Court for fresh consideration on merits. The remand is at the instance of the appeals. Therefore, the appellants shall pay costs of Rs.50,000/- to the respondent within a period of three months. 5. With these observations, the following order is passed: - 5 - HC-KAR NC: 2025:KHC-D:8184 MFA No. 102645 of 2025 C/W MFA No. 102648 of 2025 ORDER a) Both appeals are allowed with costs of Rs.50,000/- payable by the appellants to the respondent. b) The orders passed in Misc. Nos.121 and 122 of 2021 dated 24.04.2025 and the orders passed in RA No.175 and 176 of 2019 dated 17.9.2021, dismissing the appeals for non- prosecution, by the first appellate Court are hereby set-aside. c) The appeals in RA No.175 and 176 of 2019 are remanded to the first appellate Court for fresh consideration on merits. d) The appellants shall pay costs of Rs.50,000/- to the respondent within a period of three months from the date of receipt of certified copy of this order. e) If the appellants fail to pay costs, as ordered above, then orders passed in the aforesaid miscellaneous petitions, so also in the Regular Appeals would be revived. - 6 - HC-KAR NC: 2025:KHC-D:8184 MFA No. 102645 of 2025 C/W MFA No. 102648 of 2025 f) The appellants and respondent shall appear before the first appellate Court without waiting further notice from the said Court, on 4.8.2025. g) The first appellate Court shall dispose off the appeals within a period of four months from 4.8.2025. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE JTR CT:BCK LIST NO.: 1 SL NO.: 33