- 1 - HC-KAR NC: 2025:KHC:49763 RFA No. 713 of 2024 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. 713 OF 2024 BETWEEN: SMT. SONU BAI W/O LATE NAGENDRA RAO BARGE AGED ABOUT 65 YEARS R/AT KACHAGONDANAHALLI VILLAGE KUDIGERE HOBLI BHADRAVATHI TALUK-577 245 ...APPELLANT (BY SRI. RAJESH MAHALE, SENIOR COUNSEL FOR SRI.RAVINDRANATH M., ADVOCATE) AND: 1. SRI. S SURESH KUMAR S/O SWAMY KANNAN AGED ABOUT 32 YEARS R/AT DOOR NO.1/111 SOUTH STREET, THIRUVALLUR POST, POLAR TALUK, THIRUVANNAMALAI TAMILNADU-606 601 2. SRI DANDAYUDHA PANI S/O LATE SAMPATH AGED ABOUT 45 YEARS R/AT 3RD CROSS, O S M ROAD OPP CHOWDAMMA TEMPLE OLD TOWN BHADRAVATHI-577 301 3. SMT.PREMA LATHA W/O M.P. ANNDORAI AGED ABOUT 50 YEARS R/AT PILIYAR KOYIL STREET, DEVANAMBATTU STREET, NORTH STREET, TURANGAEPURAM VANDRAM TALUK Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49763 RFA No. 713 of 2024 THIRUVANNAMALAI TAMILNADU-606 601 ...RESPONDENTS (BY SRI.MONISH C.P., ADVOCATE FOR R1; R2 & R3 ARE SERVED) THIS RFA FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE ORDER DATED 03.02.2024 PASSED IN FDP NO.7/2023 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AT BHADRAVATHI, ACCEPTING THE REPORT OF COMMISSIONER PETITION IS CLOSED. THIS APPEAL COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal is filed by the defendant No.4 in FDP.No.7/2023 against the impugned order dated 03.02.2024 passed by the Principal Senior Civil Judge and JMFC, Bhadravati, whereby the report of the Court Commissioner was accepted by the trial Court which proceeded to direct drawing up of final decree by allotting properties in terms of the report of the Court commissioner. 2. Heard learned Senior Counsel for the appellant and learned counsel for the 1st respondent and perused the material on record. 3. Though the notice of this petition is served on respondents 2 and 3, they remained unrepresented and not contested the appeal. - 3 - HC-KAR NC: 2025:KHC:49763 RFA No. 713 of 2024 4. Though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that the impugned final decree proceedings in FDP.No.7/2023 arise out of preliminary decree dated 04.03.2023 passed in O.S.No.37/2019 against which RFA.No.708/2024, which was preferred by the appellant herein culminated in a judgment and decree dated 01.12.2025 whereby this Court set aside the preliminary decree and remitted the matter back to the trial Court for reconsideration of the suit in O.S.No.37/2019 afresh in accordance with law, I deem it appropriate to set aside the impugned order and final decree passed in FDP No.7/2023 and remit the matter back to the trial Court for reconsideration of final decree proceedings afresh after disposal of O.S.No.37/2019 and in accordance with law. 5. In the result, I pass the following:- ORDER (i) Appeal is hereby allowed. (ii) The impugned order and final decree dated 03.02.2024 passed in FDP No.7/2023 by the trial court is hereby set aside. - 4 - HC-KAR NC: 2025:KHC:49763 RFA No. 713 of 2024 (iii) The matter is remitted back to the back to the trial Court for reconsideration of final decree proceedings in FDP No.7/2023 afresh after disposal of O.S.No.37/2019 and in accordance with law. (iv) All 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 MEG/SRL List No.: 1 Sl No.: 28