- 1 - HC-KAR NC: 2025:KHC-D:15162-DB RFA No. 100370 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI R.F.A. NO.100370 OF 2024 (PAR/POS) BETWEEN: 1. SMT. LAXMIBAI W/O. HANAMANT CHOURADDI, AGE: 44 YEARS, OCC: AGRICULTURE & HOUSEHOLD WORK, R/O. RANJANAGI VILLAGE-587313, TAL. MUDHOL, DIST. BAGALKOT. 2. KUMAR PRAFUL S/O. HANAMANT CHOURADDI, AGE: 23 YEARS, OCC: STUDENT, R/O. RANJANAGI VILLAGE-587313, TAL. MUDHOL, DIST. BAGALKOT. 3. KUMAR PRAJWAL S/O. HANAMANT CHOURADDI, AGE: 19 YEARS, OCC: STUDENT, R/O. RANJANAGI VILLAGE-587313, TAL. MUDHOL, DIST. BAGALKOT. …APPELLANTS (BY SRI. G. B. NAIK AND SMT. P. G. NAIK, ADVOCATES) AND: 1. SMT. UMA W/O. RACHANNA HIRESOMMANNAVAR, AGE: 42 YEARS, OCC: HOUSEHOLD WORK & AGRICULTURE, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2025:KHC-D:15162-DB RFA No. 100370 of 2024 HANUMAN NAGAR, PM BUDNI ROAD, MUDHOL-587313, DIST. BAGALKOT. 2. SHRI GOUDAPPA S/O. LAXMAPPA CHOURADDI, AGE: 82 YEARS, OCC: AGRICULTURE, R/O. RANJANAGI VILLAGE-587313, TAL. MUDHOL, DIST. BAGALKOT. 3. SMT. KAREWWA S/O. GOUDAPPA CHOURADDI, AGE: 72 YEARS, OCC: HOUSEHOLD WORK & AGRICULURE, R/O. RANJANAGI VILLAGE-587313, TAL. MUDHOL, DIST. BAGALKOT. 4. SHRI SOMASHEKHAR S/O. GOUDAPPA CHOURADDI, AGE: 34 YEARS, OCC: AGRICULTURE, R/O. RANJANAGI VILLAGE-587313, TAL. MUDHOL, DIST. BAGALKOT. …RESPONDENTS (BY SRI. SHRIHARSH A. NEELOPANT, ADV. FOR R1; SRI. L. M. KURAHATTI, ADV. FOR R2 TO R4) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC., 1908, PRAYING TO THE JUDGMENT AND DECREE DATED 21.11.2023 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MUDHOL IN O.S. NO.261/2022 MAY KINDLY BE SET ASIDE AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI - 3 - HC-KAR NC: 2025:KHC-D:15162-DB RFA No. 100370 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) 1. Learned counsel for respondent No.1 submits that the main contention of the appellants, who were defendants No.4 to 6 before the trial Court is that they were placed ex-parte and sufficient opportunity was not given to them. Learned counsel therefore submits that the matter may be remitted back to the trial Court to afford an opportunity to the appellants herein to file their written statement within a fixed time and proceed with the matter on merits. 2. Learned counsel for the appellants accepts the submission made by the learned counsel for respondent No.1. 3. Accordingly, the appeal is allowed in part by imposing cost of Rs.5,000/- on the appellants herein payable to the plaintiff on the first date of hearing before the trial Court, while setting aside the impugned Judgment and Decree dated 21.11.2023 passed by the Principal Senior Civil Judge and JMFC, Mudhol in O.S.No.261/2022. Matter stands remitted back to the trial Court with a direction to the appellants herein to file written statement within a period of four weeks from today. - 4 - HC-KAR NC: 2025:KHC-D:15162-DB RFA No. 100370 of 2024 4. Parties are directed to appear before the Court of Principal Senior Civil Judge and JMFC, Mudhol on 01.12.2025 without awaiting any further notice from the trial Court. 5. Having regard to the fact that the suit was filed in the year 2022 and this matter is being remanded to enable the defendants No.4 to 6 to file their written statement and proceed with the matter, we direct the trial Court to endevour to dispose of the suit as expeditiously as possible and at any rate within a period of one year from 01.12.2025. 6. Parties, more particularly defendants are directed to co- operate and ensure that the evidence of the defendants are recorded and they are available for cross-examination at the hands of the plaintiff. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE CKK /CT-AN List No.: 1 Sl No.: 7