- 1 - HC-KAR NC: 2025:KHC:49851 RFA No. 1571 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1571 OF 2025 (PAR) BETWEEN: 1. KARIYAPPA S/O LATE. HANUMANTHAPPA AGED ABOUT 62 YEARS, AGRICULTURIST, R/O KAPPAGERE VILLAGE, KASABAHOBLI, HOSADURGA TALUK – 577 527 2. SRI. DHUTHAPPA, S/O. LATE. HANUMANTHAPPA AGED ABOUT 56 YEARS, AGRICULTURIST, R/O. KAPPAGERE VILLAGE, KASABAHOBLI, HOSADURGA TALUK – 577 527 …APPELLANTS (BY SRI. VASANTHA KUMAR K.M., ADVOCATE) AND: 1. SAKAMMA @ SHANTHAMMA D/O LATE HANUMANTHAPPA AGED ABOUT 62 YEARS, W/O KARE HALAPPA MATHODU HOBLI, AGRICULTURIST, R/O AREHALLY VILLAGE, HOSADURGA TALUK, CHITRADURGA DISTRICT – 577 527 2. SRI. MALLESHAPPA S/O HUCHHAPPA AGED ABOUT 47 YEARS, AGRICULTURIST, R/O ARALAHALLY HOSUR VILLAGE, SRIRAMPURAHOBLI, HOSADURGA TALUK. CHITRADURGA DISTRICT – 577 527 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49851 RFA No. 1571 of 2025 3. SMT. PARVATHAMMA D/O HUCCHAPPA W/O JAGADEESH, AGED ABOUT 45 YEARS, AGRICULTURIST, R/O MANTENAHALLY VILLAGE, KASABAHOBLI, HOSADURGA TALUK. CHITRADURGA DISTRICT – 577 527 4. SRI. MYLARAPPA S/O HUCCHAPPA AGED ABOUT 42 YEARS, AGRICULTURIST, R/O ARALAHALLY VILLAGE, SRIRAMPURAHOBLI, HOSADURGATALUK. CHITRADURGA DISTRICT – 577 527 5. SMT. KARIYAMMA D/O LATE HANUMANTHAPPA W/O LATE THIMMAPPA AGED ABOUT 57 YEARS, AGRICULTURIST, R/O YAGATI VILLAGE AND HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT – 577 528 …RESPONDENTS (BY SMT.B.R.HARINI, ADVOCATE FOR R1; R2, R4 & R5 ARE SERVED AND UNREPRESENTED; VIDE ORDER DATED 08.09.2025, NOTICE TO R3 IS DISPENSED WITH) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.01.2024 PASSED IN OS NO.123/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HOSADURGA, DECREEING THE SUIT FOR PARTITION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:49851 RFA No. 1571 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the defendants 3 and 4 in O.S.No.123/2023 is directed against the impugned judgment and decree dated 09.01.2024 passed by the Senior Civil Judge and JMFC, Hosadurga, whereby the said suit filed by the respondent-plaintiff against the appellants-defendants 3 and 4 and remaining defendants for partition and separate possession of the plaintiff’s alleged share in the suit schedule immovable properties was decreed by the Trial Court in favour of the plaintiff against the defendants. 2. Heard learned counsel for the appellants and learned counsel for the respondents and perused the material on record. 3. For the purpose of convenience, the parties are referred to by their respective rankings before the trial court. 4. A perusal of the material on record will indicate that the plaintiff instituted the aforesaid suit for partition and separate possession of her alleged share in the suit schedule immovable - 4 - HC-KAR NC: 2025:KHC:49851 RFA No. 1571 of 2025 properties and other reliefs. The appellants-defendant 3 and 4 as well as other defendants – respondents 2 to 5 herein remained ex- parte and did not contest the suit, pursuant to which, the Trial Court framed the following points:- “1) Whether the plaintiff proves that suit schedule properties are the ancestral and joint family property of plaintiff and defendants? 2) Whether the plaintiff proves that she is entitled for share? If so what share? 3) Whether the plaintiff is entitled for the relief sought? 4) What order or decree?” 5. The plaintiff examined herself as PW-1 and got marked the documentary evidence at Exs.P1 to P7. However, the appellants-defendants and other defendants did not file written statement nor contested the suit and did not cross-examine PW-1 nor adduced any oral or documentary evidence on their behalf. In this context, it is the specific assertion on the part of the appellants that their inability and omission to contest the suit was due to bonafide reasons, unavoidable circumstance and sufficient cause and it is therefore necessary to provide sufficient and reasonable opportunity to contest the suit on merits by setting aside the - 5 - HC-KAR NC: 2025:KHC:49851 RFA No. 1571 of 2025 impugned judgment and decree and remitting the matter back to the Trial Court for reconsideration afresh in accordance with law. 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 by this Court in the present appeal? 7. A perusal of the material on record including the impugned judgment and decree will indicate that the Trial Court has taken into account the fact that the appellants – defendants 3 and 4 and other defendants remained ex-parte and did not contest the suit nor cross-examined PW-1, whose evidence remained unchallenged, unimpeached and uncontroverted coupled with the fact that the defendants did not adduce any defence evidence and proceeded to decree the suit in favour of the plaintiff against the defendants. Under these circumstances, having regard to the specific assertion on the part of the appellants that their inability to contest the suit by filing the written statement and their omission to cross-examine PW-1 and adduce defence evidence was due to bonafide reasons, unavoidable circumstance and sufficient cause, - 6 - HC-KAR NC: 2025:KHC:49851 RFA No. 1571 of 2025 by adopting a justice oriented approach and in order to provide one more opportunity to the appellants - defendants, 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 by issuing certain directions including imposing cost of Rs.25,000/- upon the appellants – defendants which would be payable to the plaintiff before the trial court. 8. In the result, I pass the following:- ORDER (i) The appeal is hereby allowed. (ii) The impugned judgment and decree dated 09.01.2024 passed in O.S.No.123/2023 by the trial court is hereby set aside, subject to payment of cost of Rs.25,000/- by the appellants – defendants 3 and 4 to the plaintiff on their date of appearance before the trial court. (iii) The matter is remitted back to the Trial Court for reconsideration afresh in accordance with law. (iv) Parties are directed to appear before the trial court on 05.01.2026 without awaiting further notice from the trial court. - 7 - HC-KAR NC: 2025:KHC:49851 RFA No. 1571 of 2025 (v) Liberty is reserved in favour of the defendants to file written statement, objections, documents etc., before the trial court which shall consider the same and proceed further in accordance with law. (vi) Liberty is reserved in favour of both the parties to adduce oral and documentary evidence in support of their respective claims. (vii) All rival contentions between the parties kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MEG/SRL List No.: 1 Sl No.: 29