- 1 - HC-KAR NC: 2025:KHC:25295-DB RFA No. 1824 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 1824 OF 2021 (PAR) BETWEEN: 1. SRI. R. RAJANNA S/O LATE DODDAREVANNA AGED ABOUT 66 YEARS R/AT. MARANAYAKANAPALYA DEVARAYAPATTANA POST TUMAKURU-572 104 2. SRI. R. VEERABHADRAIAH S/O LATE DODDAREVANNA AGED ABOUT 51 YEARS R/AT. MARANAYAKANAPALYA DEVARAYAPATTANA POST TUMAKURU-572 104 …APPELLANTS (BY SRI. T. GOVINDA RAJA, ADVOCATE) AND: 1. SRI. R.S. SOMASHEKARA S/O REVAMMA AND R.G. SIDDAGANGAPPA AGED ABOUT 48 YEARS R/O. BANDEPALYA DEVARAYAPATNA POST TUMAKURU-572 104 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25295-DB RFA No. 1824 of 2021 2. SMT. R.S. GANGAMMA D/O REVAMMA AND R.G. SIDDAGANGAPPA W/O A.G. NAGARAJAIAH AGED ABOUT 57 YEARS R/O. SRINAGARA NEAR SIDDARAMANNA HOSTEL DEVARAYAPATNA POST TUMAKURU-572 104 3. SMT. SOUBHAGYAMMA D/O REVAMMA AND R.G. SIDDAGANGAPPA W/O SHIVAKUMAR AGED ABOUT 53 YEARS R/O. "ASHRAYA", 10TH CROSS SRINAGARA NEAR GANESHA TEMPLE TUMAKURU-572 104 …RESPONDENTS (BY SRI. PRAJWAL, ADVOCATE FOR SRI. MUNIRAJA M., ADVOCATE FOR R1 TO R3) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 11.11.2021 PASSED IN OS.No.326/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:25295-DB RFA No. 1824 of 2021 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) It is submitted by learned counsel appearing for the appellants that the appellants were placed ex-parte and the suit was decreed. It is contended that the suit was one filed on 15.09.2020 and came to be decreed on 11.11.2021. It is submitted that the period of pendency of the suit was the time when Covid-19 restrictions were in force and that the appellants were prevented from effectively participating in the proceedings. 2. Having heard the learned counsel appearing on either side, we are of the opinion that since the suit was one for partition and since institution of the suit as well as decreeing of the suit occurred at the time when Covid-19 restrictions were in force, the decree passed without hearing the appellants requires to be set aside and a chance is to be given to the defendants to contest the suit. 3. Learned counsel for the plaintiffs submits that plaintiffs' evidence is complete and therefore, efforts shall be - 4 - HC-KAR NC: 2025:KHC:25295-DB RFA No. 1824 of 2021 taken by the trial Court to dispose of the suit within a period of six months. 4. In the above view of the matter, the ex-parte decree, which is under challenge, shall stand set aside. The suit is remanded to the trial Court for proper consideration on merits. The parties shall mark their appearance before the trial Court on 28.07.2025. The parties shall co-operate for expeditious disposal of the suit. The suit shall be considered and disposed of without undue delay. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 1 Sl No.: 3