- 1 - HC-KAR NC: 2025:KHC-D:11099-DB RFA No.100499 of 2024 C/W RFA.CROB No.100005 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 100499 OF 2024 (PAR/POS) C/W RFA CROSS OBJ NO. 100005 OF 2025 IN RFA NO.100499 OF 2024: BETWEEN: 1. SMT. MANGAL W/O. YALLAPPA JAYANACHE AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O. “GOVIND NIWAS”, PLOT NO. 26, LAXMI NAGAR, GANESHPUR, HINDALAGA, TQ/DIST: BELAGAVI. 2. SMT. REKHA @ RANI W/O. RAYAPPA ASTEKAR AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O. H.NO.303/24, PATIL MALA, BELAGAVI. …APPELLANTS (BY SRI. MAHESH N.KULKARNI, ADVOCATE) AND: 1. SHRI. MANOHAR S/O. ANANT SHINDE AGE: 65 YEARS, OCC: BUSINESS, R/O. H.NO.611, NAGANATH GALLI, JYOTI NAGAR, KANGRALI KHURD, TAL/DIST: BELAGAVI-590010. 2. SHRI. UMESH S/O. ANANT SHINDE AGE: 62 YEARS, OCC: BUSINESS, R/O. SHINDE CHAWL, JAVAN ROAD, NEAR OMNI PLAZA LAXMI NAGAR, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.08 15:30:47 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11099-DB RFA No.100499 of 2024 C/W RFA.CROB No.100005 of 2025 GANESHPUR HINDALAGA BELAGAVI TAL/DIST: BELAGAVI-591108. 3. SMT. URMILA W/O. UMESH SHINDE AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. SHINDE CHAWL, JAVAN ROAD, NEAR OMNI PLAZA, LAXMI NAGAR, GANESHPUR, HINDALAGA BELAGAVI, TAL/DIST: BELAGAVI-591108. …RESPONDENTS (BY SRI. SHEKHARGOUDA M.NAGANURI, ADV. FOR R1; SRI. MRUTYUNJAY TATA BANGI, ADV. FOR R2 AND R3) THIS RFA IS FILED UNDER SECTION 96 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 25.07.2024 PASSED IN O.S.NO.368/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION AND CONSEQUENTIAL RELIEF OF DECLARATION. IN MFA CROB NO.100005/2015: BETWEEN: 1. SHRI. UMESH S/O. ANANT SHINDE AGE: 70 YEARS, OCC: BUSINESS. 2. SMT. URMILA W/O. UMESH SHINDE AGE: 55 YEARS, OCC: HOUSEHOLD WORK, BOTH R/O. SHINDE CHAWL, JAVAN ROAD, NEAR OMNI PLAZA, LAMI NAGA, GANESHPUR, HINDALAGA BELAGAVI, TQ AND DIST: BELAGAVI 591108. …CROSS-OBJECTORS (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:11099-DB RFA No.100499 of 2024 C/W RFA.CROB No.100005 of 2025 AND: 1. SMT. MANGAL W/O. YALLAPPA JAYANACHE AGE: 59 YEARS, OCC: HOUSEHOLD WORK, R/O. “GOVIND NIWAS”, PLOT NO.26, LAXMI NAGAR, GANESHPUR, HINDALAGA, BELAGAVI-591108. 2. SMT. REKHA @ RANI W/O. RAYAPPA ASTEKAR AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. H.NO. 303/24, PATIL MALA, BELAGAVI-590006. 3. SRI. MANOHAR S/O. ANANT SHINDE AGE: 62 YEARS, OCC: BUSINESS, R/O. H.NO. 611, NAGANATH GALLI, JYOTHI NAGAR, KANGRALI KHURD, TQ AND DIST: BELAGAVI-590010. …RESPONDENTS (BY SRI. MAHESH N.KULKARNI AND SRI. TEJPAL A.KMAL, ADV. FOR R1 AND R2; SRI. SHEKHARAGOUDA M.NAGANURI, ADV. FOR R3) THIS RFA CROSS OBJECTION IN RFA NO.100499/2024 FILED UNDER ORDER 41 RULE 22 OF CPC PRAYING TO MODIFY THE JUDGMENT AND DECREE DATED 25.07.2024 PASSED IN O.S.NO. 368/2022 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI AT BELAGAVI BY ALLOWING THE PRESENT CROSS-OBJECTION IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL AND CROSS OBJECTION COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 4 - HC-KAR NC: 2025:KHC-D:11099-DB RFA No.100499 of 2024 C/W RFA.CROB No.100005 of 2025 ORAL COMMON JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) Though the appeal and the cross objection are listed for admission, with the consent of both the learned counsel appearing in both the appeal and cross objection, the same is heard and taken up for final disposal. 2. The appeal and the cross objection are arising out of judgment and decree dated 25.07.2024 passed in O.S.No.368/2022 by the Principal Senior Civil Judge and CJM, Belagavi at Belagavi1. 3. The parties herein are referred to as per their respective rank before the Trial Court for sake of convenience. 4. Briefly stated the facts giving rise to the present appeal are as under: The appellants in RFA.No.100499/2024 filed the aforesaid suit for partition and separate possession of their alleged share in the suit schedule immovable properties and for other reliefs. It 1 Hereinafter referred to as “the Trial Court” for short - 5 - HC-KAR NC: 2025:KHC-D:11099-DB RFA No.100499 of 2024 C/W RFA.CROB No.100005 of 2025 is a matter of record that the plaint schedule properties comprised of 5 items of immovable properties, in that, item Nos.1 to 3 were the landed properties and item No. 4 was the house property, while item No.5 was the plot bearing No.74/1 carved out of R.S.No.195 situated at Laxmi Nagar, Hindalaga, Belagavi. 5. The respondents – defendants entered appearance and contested the suit. Respondent No.1 – defendant No.1 filed his written statement, while respondent Nos.2 and 3 did not file their written statement. 6. After trial, the Trial Court decreed the suit in part directing partition and separate possession of the plaintiffs’ alleged share in the suit schedule immovable properties in item Nos.1 and 2, while the suit insofar as item Nos.3, 4 and 5 was dismissed by the Trial Court. 7. The appellants – plaintiffs have preferred RFA.No.100499/2024 aggrieved by the impugned judgment and decree insofar as it relates to dismissing their suit in respect of item Nos.3, 4 and 5 of the suit schedule properties. So also, - 6 - HC-KAR NC: 2025:KHC-D:11099-DB RFA No.100499 of 2024 C/W RFA.CROB No.100005 of 2025 respondent Nos.2 and 3 – defendant Nos.2 and 3 have preferred RFA.CROB.No.100005/2025 inter alia contending that they had not filed their written statement for contesting the suit and that an opportunity may be granted in their favour to contest the suit in respect of all items of immovable properties. Aggrieved by the impugned judgment and decree as stated supra, the plaintiffs and defendant Nos.2 and 3 are before this Court by way of respective appeal and cross objection. 8. A perusal of the material on record will indicate that on behalf of the plaintiffs, plaintiff No.1 examined herself as PW.1 and the documentary evidence at Exs.P.1 to P.9 were marked on their behalf. On behalf of respondent No.1 – defendant No.1, who was only contesting the defendant as stated supra, he examined himself as DW.1 but did not mark any documentary evidence on his behalf. The impugned judgment and decree, in particular paragraph No.7 notices the fact that it was only respondent No.1 - defendant No.1, who filed the written statement, contested the suit, cross-examined PW.1 and adduced evidence as DW.1. But respondent Nos.2 and 3 in RFA.No.100499/2024 defendant Nos.2 and 3, who are the cross- - 7 - HC-KAR NC: 2025:KHC-D:11099-DB RFA No.100499 of 2024 C/W RFA.CROB No.100005 of 2025 objectors in RFA.CROB.No.100005/2025 neither filed their written statement nor cross-examined PW.1 nor adduced any oral and documentary evidence. 9. In this context, learned counsel for the appellants – plaintiffs submits on instructions that he intends to produce additional oral and documentary evidence in support of his claim in relation to all items of suit schedule properties and in order to provide one more opportunity, in favour of the appellants – plaintiffs, the impugned judgment and decree may be set aside and the matter may be remitted back to the Trial Court for reconsideration afresh in accordance with law. 10. So also, learned counsel for respondent Nos.2 and 3 – defendant Nos.2 and 3 in RFA.No.100499/2024, who are the cross – objectors in RFA.CROB.No.100005/2025 also submits on instructions that due to bona fide reasons, unavoidable circumstances and sufficient cause, it was not possible to respondent Nos.2 and 3 - defendant Nos.2 and 3 to file their written statement, cross-examine PW.1 and adduce oral and documentary evidence in support of their respective claims and consequently the entire impugned judgment and decree may be - 8 - HC-KAR NC: 2025:KHC-D:11099-DB RFA No.100499 of 2024 C/W RFA.CROB No.100005 of 2025 set aside and the matter may be remitted back to the Trial Court for re-reconsideration afresh in accordance with law. 11. 11. So also, learned counsel for respondent No.1 – defendant No.1 in RFA.No.100499/2024 submits that, though he had not filed appeal / cross objection against the judgment and decree passed the Trial Court in relation to Item Nos.1 and 2, in view of the joint submissions made on behalf of appellants – plaintiffs and defendant Nos.2 and 3, defendant No.1 also has no objection for the entire judgment and decree to be set aside and the matter be remitted back to the Trial Court for re- consideration afresh in accordance with law. 12. In view of the aforesaid facts and circumstances and having regard to joint submission made by both sides on instructions of their respective parties and having regard to the fact that valuable propriety and possessory right, title and interest over the suit schedule immovable properties are involved in the dispute between the parties, considering the grounds urged by cross – objectors to seek an opportunity to put forth their defence and contest the suit on merits, though several contentions have been urged by both sides in support of their - 9 - HC-KAR NC: 2025:KHC-D:11099-DB RFA No.100499 of 2024 C/W RFA.CROB No.100005 of 2025 respective claims, without expressing any opinion on the merits / de-merits of the rival contentions, we deem it and appropriate to set aside the impugned judgment and decree and allow both RFA.No.100499/2024 and RFA CROB.No.100005/2025 and remit the matter back to the Trial Court for reconsideration afresh in accordance with law. 13. In the result, the following: ORDER (i) The appeal and Cross Objection are hereby allowed. (ii) The impugned judgment and decree dated 25.07.2024 passed in O.S.No.368/2022 by the Trial Court is hereby set aside and the matter is remitted back to the Trial Court for reconsideration afresh in accordance with law. (iii) All the parties are directed to appear before the Trial Court on 13.10.2025 without awaiting further notice. (iv) Defendant Nos.2 and 3 are directed to file their written statement on the date of appearance before the Trial Court. - 10 - HC-KAR NC: 2025:KHC-D:11099-DB RFA No.100499 of 2024 C/W RFA.CROB No.100005 of 2025 (v) Immediately upon completion of the pleadings, the Trial Court is directed to frame additional issue, if any, and proceed further in accordance with law and endeavor to dispose of the suit as expeditiously as possible. (vi) Liberty is reserved in favour of all the parties to adduce evidence / additional evidence in support of their respective claims. (vii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on merits / de-merits of the rival contentions. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE EM Ct:vh List No.: 1 Sl No.: 11