- 1 - NC: 2025:KHC-D:2919 MFA No. 103040 of 2022 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103040 OF 2022 (CPC) BETWEEN: 1. A. MANJUNATH S/O. A. GANGAPPA, AGE. 55 YEARS, R/O. RAGHAVENDRA COLONY, BALLARI-583101. 2. A. PADMAVATHI W/O. A. MANJUNATH, AGE. 45 YEARS, R/O. RAGHAVENDRA COLONY, PATEL NAGAR, BALLARI-583101. 3. B. SEEN S/O. B. YERRAPPA, AGE. 55 YEARS, R/O. KAMELA ROAD, BALLARI-583101. …APPELLANTS (BY SRI B.S.SANGATI, ADVOCATE.) AND: 1. R.R. GEETHA W/O. RAVINDRANATH, AGE. 61 YEARS, R/O. CAR STREET, BALLARI-583101. 2. R. VIJAYA LAKSHMI W/O. MA. S. KAMALANABHAN, AGE. 57 YEARS, S.Q.A.C.P 1/5 RESIDENTIAL COMPLEX, GUNTUR VIHAR, J.C. NAGAR, BANGALURU-560006. 3. V.R. MURALIDHAR S/O. LATE V.S. RAJENDRA, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2919 MFA No. 103040 of 2022 AGE. 65 YEARS, R/O. CAR STREET, BALLARI-583101. …RESPONDENTS (BY SRI GODE NAGARAJA, ADVOCATE FOR C/R1) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(C) OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE JUDGMENT PASSED IN CIVIL MISC. NO.22/2017 DATED 07.06.2022 ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI, AND BY ALLOWING THE SAME, CONSEQUENTLY TO RESTORE R.A.NO.19/2015 ON THE FILE OF 1ST ADDL. SENIOR CIVIL JUDGE, BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by petitioners No.2 to 4, challenging the order dated 07.06.2022, passed in Civil Miscellaneous No.22/2017, by the Court of II Addl. District and Sessions Judge, Ballari, by which the Civil Miscellaneous Petition filed under Order 9 Rule 9 of CPC is dismissed. 2. The respondents herein have filed suit in O.S.No.175/2007 on the file of II Addl. Senior Civil Judge, Ballari, for partition and separate possession. After contest the suit was decreed. Against that, the appellants who were defendants have preferred R.A.No.19/2015 before the Court - 3 - NC: 2025:KHC-D:2919 MFA No. 103040 of 2022 of II Addl. District and Sessions Judge, Ballari. The said R.A.No.19/2015 was dismissed for default. 3. Now the only ground canvassed is that the counsel for appellants in R.A.No.19/2015 was engaged in another Court in another case. Therefore, he could not appear in the appeal, but the Court has dismissed the appeal for default filed by them. Therefore, for giving one more opportunity to address arguments, requested for remanding the case to the First Appellate Court. 4. Learned counsel for respondents justified the order passed by the First Appellate Court. 5. Against the judgment and decree passed in the suit, though the appellants have also been given share, but have preferred R.A.No.19/2015 by raising various grounds. The said R.A.No.19/2015 was dismissed for default. Against that Civil Miscellaneous Petition No.22/2017 came to be filed, which was also dismissed. 6. Therefore, this Court is of the opinion without expressing any opinion on the merits of the case, let the - 4 - NC: 2025:KHC-D:2919 MFA No. 103040 of 2022 appellants/learned counsel for appellants be given one more chance to make argument in R.A.No.19/2015 and remand the case to the First Appellate Court to hear R.A.No.19/2015 to consider the case on merits and pass appropriate orders in accordance with law. Hence, I proceed to pass the following: ORDER i) The appeal is allowed. ii) The order dated 07.06.2022, passed in Civil Miscellaneous No.22/2017 passed by the Court of II Addl. District and Sessions Judge, Ballari, is hereby set aside. iii) Civil Miscellaneous Petition No.22/2017 stands allowed. iv) Consequently, the order dated 19.01.2017, in R.A.No.19/2015 passed by the Court of II Addl. District and Sessions Judge, Ballari, is hereby set aside. v) The matter is remanded to the First Appellate Court to hear the arguments and dispose of the appeal afresh in accordance with law. - 5 - NC: 2025:KHC-D:2919 MFA No. 103040 of 2022 vi) The appellants and respondents shall appear before the First Appellate Court in R.A.No.19/2015 on 10.03.2025 without expecting any notice from the Court. vii) The First Appellate Court shall dispose of the appeal in R.A.No.19/2015, within a period of three months from the date of appearance of the parties. viii) No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 47