- 1 - HC-KAR NC: 2025:KHC:38187 RSA No. 1308 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1308 OF 2022 (PAR) BETWEEN: SHIVASHANKARAPPA SINCE DEAD BY LRS 1. SMT GANGAMMA W/O LATE SHIVASHANKARAPPA AGED ABOUT 60 YEARS 2. SMT KANTHAYENI W/O MALLIKARJUNAPPA AGED ABOUT 40 YEARS 3. PARASHIVA MURTHY S/O LATE SHIVASHANKARAPPA AGED ABOUT 35 YEARS ALL ARE R/O BOMMAHALLI VILLAGE TERAKANAMBI HOBLI GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT 4. MALLAPPA S/O LATE SIDDAPPA AGED ABOUT 50 YEARS R/O BOMMAHALLI VILLAGE TERAKANAMBIHOBLI GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT …APPELLANTS (BY SRI. P MAHESHA., ADVOCATE) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38187 RSA No. 1308 of 2022 AND: 1. SMT. MANGALAMMA D/O LATE SIDDAPPA AGED ABOUT 65 YEARS 2. SMT PARVATHAMMA D/O LATE SIDDAPPA AGED ABOUT 68 YEARS 3. SMT KOOSAMMA D/O LATE SIDDAPPA AGED ABOUT 55 YEARS ALL ARE R/O BOMMAHALLI VILLAGE TERAKANAMBI HOBLI GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT …RESPONDENTS (BY SRI. SUBRAMANYA KAUSHIK.R.S, FOR SMT. MAYA MENON, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 11.09.2020 PASSED IN RA.No.58/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUNDLUPET, DISMISSING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 12.10.2018 PASSED IN OS No.179/2015 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, GUNDLUPET. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:38187 RSA No. 1308 of 2022 ORAL JUDGMENT Heard Sri.P.Mahesha, learned counsel appearing for the appellants and Sri.Subramanya Kaushik, learned counsel appearing for respondent Nos.1 to 3. 2. Defendant's second appeal contending that no fair opportunity was granted by the trial Court to contest the suit on merits. In the appeal though several grounds and substantial questions of law is raised, matter can be disposed of on the short question as to whether sufficient opportunity was granted to the defendant to contest the suit. Hence detailed discussion is not coming out on substantial question of law. 3. It is settled principles of law and requires no emphasis that a fair opportunity must be granted to the litigant to contest the litigation. 4. In this case, even though counsel for contesting respondent contended that opportunity granted to the defendant was sufficient enough, this court is satisfied that the opportunity granted cannot be termed as fair opportunity. 5. It is settled principles of law and requires no emphasis that mere entering the appearance or filing the - 4 - HC-KAR NC: 2025:KHC:38187 RSA No. 1308 of 2022 written statement itself cannot be treated as the suit is decreed on merits. Judgment on contest is to be understood where the parties have joined the issues and the matter is tried on the merits of the matter, after raising necessary issues or in the absence of written statement after raising necessary points for consideration. 6. In the case on hand, defendants after entering appearance, failed to file written statement. Trial Court hurriedly decreed the suit of the plaintiff. Same is now sought to be set right. However while so doing, the delay and the, conduct of the defendant cannot be ignored by this court. 7. Taking note of the fact that rights of the immovable properties are to be adjudicated in the suit more so, having regard to the fact that suit is one for partition, imposing the cost of Rs.50,000/- to the appellants and permit them to contest the suit by filing the written statement on a particular day and thereafter directing the trial court to dispose of the suit in an expeditious manner would meet the ends of justice in the attending facts and circumstances of the case on hand. - 5 - HC-KAR NC: 2025:KHC:38187 RSA No. 1308 of 2022 8. Accordingly, without adverting to the grounds urged in the appeal memorandum or the substantial questions of law, following the order is passed: (i) The appeal is allowed. (ii) Consequently judgment and decree passed in O.S.No.179/2015 confirmed in RA No.58/2019 is hereby set aside. (iii) Defendants / appellants are permitted to contest the suit on merits by filing the written statement on the very next date of hearing and to pay cost of Rs.50,000/- on or before 15.10.2025 either by paying to the plaintiff directly or to deposit the same before the trial court. (iv) On payment of such cost, the suit needs to be restored on 23.10.2025. (v) Parties shall appear before the court positively on 23.10.2025. (vi) It is made clear that payment of cost is condition precedent for the defendant to further contest the suit. (vii) It is also made clear that on 23.10.2025 itself, the defendant shall file written - 6 - HC-KAR NC: 2025:KHC:38187 RSA No. 1308 of 2022 statement and also parties are directed to furnish the draft issues on the very next day. Thereafter trial judge shall frame the issues and expedite the disposal of the suit in accordance with law as early as possible. (viii) Needless to emphasize that parties shall co- operate for the early disposal of the suit. Sd/- (V SRISHANANDA) JUDGE SS List No.: 1 Sl No.: 53