- 1 - HC-KAR NC: 2025:KHC:52365 RFA No. 2625 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2625 OF 2024 (DEC/INJ) BETWEEN: 1. ASHOK, S/O. KRISHNAPPA, AGED ABOUT 38 YEARS, 2. KRISHNAMURTHY S/O. ANJANAPPA, AGED ABOUT 38 YEARS, 3. ASHOK S/O. KRISHNAMURTHY, AGED ABOUT 32 YEARS, 4. PRADEEP S/O. VENKATESHAPPA, AGED ABOUT 31 YEARS, ALL ARE RESIDING AT HOLLERAHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 101. …APPELLANTS (BY SRI. VIVEK N., ADVOCATE) AND: 1. CHIKKAVENKTESHAPPA, S/O. LATE NARAYANAPPA, AGED ABOUT 58 YEARS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52365 RFA No. 2625 of 2024 RESIDING AT HOLLERAHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 101. 2. STATE OF KARNATAKA REP. BY CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 3. THE DEPUTY COMMISSIONER KOLAR DISTRICT - 563 101. 4. THE TAHASILDAR KOLAR TALUK, KOLAR - 563 101. 5. THE DEPUTY TAHASILDAR VEMGAL HOBLI, KOLAR TALUK, KOLAR - 563 101. 6. THE REVENUE INSPECTOR VEMGAL HOBLI, C/O. TAHASILDAR OFFICE, KOLAR TALUK, KOLAR - 563 101. 7. THE VILLAGE ACCOUNTANT SETTIHALLI VILLAGE, REVENUE CIRCLE, VEMGAL HOBLI, KOLAR TALUK, KOLAR - 563 101. - 3 - HC-KAR NC: 2025:KHC:52365 RFA No. 2625 of 2024 8. BYREGOWDA S/O. RAMAPPA, AGED ABOUT 41 YEARS, RESIDING AT HOLLERAHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 101. …RESPONDENTS (BY SRI. SRINIVAS G., ADVOCATE FOR C/R1; SRI. NEELAKANTAPPA PUJAR, HCGP FOR R2 TO R7; SRI. KRISHNA REDDY H.R., ADVOCATE FOR R8) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.10.2024 PASSED IN O.S.NO.262/2020 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KOLAR, DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the defendants 7, 9, 10 and 11 in O.S. No.262/2020 is directed against the impugned judgment and decree dated 29.10.2024 passed by the II Addl.Senior Civil Judge and J.M.F.C., Kolar, whereby, the said suit filed by the respondent - 4 - HC-KAR NC: 2025:KHC:52365 RFA No. 2625 of 2024 No.1-plaintiff against the defendants was decreed by the trial Court in favour of respondent No. 1 - plaintiff and against the defendants. 2. Heard learned counsel for the appellants and learned HCGP for respondents – State as well as learned counsel for other respondents and perused the material on record. 3. A perusal of the material on record will indicate that the respondent No.1-plaintiff instituted the aforesaid suit against the appellants-defendants seeking permanent injunction against the appellants-defendants 7, 9, 10 and 11 and other defendants from obstructing the respondent No.1-plaintiff over the suit schedule property and for other reliefs. The appellants-defendants remained ex-parte and did not contest the suit nor adduced any oral or documentary evidence. Respondent No.1-plaintiff examined himself as PW-1 and the documentary evidence at Exs.P1 to P47 were got marked. Pursuant to which, the trial Court proceeded to decree the suit in favour of the 1st respondent-plaintiff against the defendants. 4. Aggrieved by the impugned ex-parte judgment and decree, the appellant-defendants 7, 9, 10 and 11 are before this - 5 - HC-KAR NC: 2025:KHC:52365 RFA No. 2625 of 2024 Court by way of the present appeal, inter alia contending that due to bonafide reasons, unavoidable circumstances and sufficient cause, it was not possible for the appellants-defendants 7, 9, 10 and 11 to contest the suit by appearing before the trial Court. It is therefore submitted that the impugned judgment and decree may be set aside and the matter be remitted back to the trial Court for reconsideration afresh in accordance with law. 5. Per contra, learned counsel for the 1st respondent-plaintiff submits that there is no merit in the appeal and the same is liable to be dismissed. 6. The only point that arises for consideration in the present appeal is as to whether the impugned judgment and decree passed by the trial Court warrants interference in the present appeal? 7. As stated supra, the appellants-defendants 7, 9, 10 and 11 who are individuals remained ex-parte and did not contest the suit. Though several contentious issues and disputed question of law and fact arise for consideration in the suit, which would necessarily have to be adjudicated upon by the trial court and in order to provide an opportunity to the appellants-defendants 7, 9, - 6 - HC-KAR NC: 2025:KHC:52365 RFA No. 2625 of 2024 10 and 11 to contest the suit, by adopting a justice oriented approach, I deem it just and appropriate to set aside the impugned judgment and decree and remit the matter back to the trial Court for reconsideration afresh in accordance with law. 8. In the result, I pass the following: ORDER (i) Appeal is hereby allowed. (ii) The impugned judgment and decree dated 29.10.2024 passed in O.S.No.262/2020 by the trial Court is hereby set aside and the matter is remitted back to the trial Court for fresh consideration, subject to the appellants-defendants 7, 9, 10 and 11 (iii) The appellants and respondents are directed to appear before the trial Court on 20.01.2026 without awaiting further notice from the trial Court. (iv) Liberty is reserved in favour of the appellants to file written statement and contest the suit on merits. (v) The trial Court is directed to dispose of the suit afresh in accordance with law after permitting both the sides to adduce oral and documentary evidence and complete the same within a period of six months from 20.01.2026. - 7 - HC-KAR NC: 2025:KHC:52365 RFA No. 2625 of 2024 (vi) All the rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK/SRL