- 1 - HC-KAR NC: 2025:KHC:31054 MFA No. 4979 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4979 OF 2017 (CPC) BETWEEN: SANNAMMA SINCE DEAD BY HER LRS ARE MADE PARTY 1. NINGAMMA W/O CHIKKA HYDEGOWDA, AGED ABOUT 43 YEARS, 2. SANNAPPA S/O BOREGOWDA, AGED ABOUT 48 YEARS, 3. RAMESHA S/O BOREGOWDA, AGED ABOUT 45 YEARS, 4. PUTTARAJU S/O BOREGOWDA, AGED ABOUT 43 YEARS, 5. RAJAMMA D/O BOREGOWDA, AGED ABOUT 53 YEARS, 6. GURUSWAMAY CHIKKADURGE GOWDA AGED ABOUT 45 YEARS, ALL ARE RESIDING AT HALLEGERE VILLAGE, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 416. SL. NO.1 TO 6 ARE THE LR'S OF THE DECEASED SANNAMMA. …APPELLANTS (BY SRI. H.M. MANJESH, ADVOCATE; SRI. BALARAJ K.N, ADVOCATE FOR A2) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31054 MFA No. 4979 of 2017 AND: THE SECRETARY HALLAGERE GRAMA PANCHAYATH HALLEGERE, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 416. …RESPONDENT (VIDE ORDER DATED 04.08.2025, NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS MFA FILED U/O 43 RULE 1(t) OF CPC, AGAINST THE ORDER DATED 18.03.2016 PASSED IN MISC.NO.22/2015 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA, DISMISSING THE PETITION FILED UNDER ORDER 41 RULE 19 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The present appeal is filed by the plaintiffs in the suit, who are the petitioners in Miscellaneous Petition challenging the order dated 18.03.2016 passed in Misc.No.22/2015 by the II Addl. District and Sessions Judge at Mandya, whereby the application filed under Order XLI Rule 19 CPC seeking re-admission of the appeal in R.A.No.160/2011 is dismissed. 2. The appellants/plaintiffs herein have filed suit for declaration and injunction. The said suit came to be dismissed. Against which, the plaintiffs have filed appeal in R.A.No.160/2011 and the said appeal is dismissed for - 3 - HC-KAR NC: 2025:KHC:31054 MFA No. 4979 of 2017 non-prosecution. Then Miscellaneous petition is filed under Order XLI Rule 19 of CPC for re-admission of the appeal and the said petition came to be dismissed. Against which, the present appeal is filed. 3. The plaintiffs have filed suit for declaration and injunction and in the First Appellate Court, the appeal of the plaintiffs is dismissed for non prosecution. Therefore, the plaintiffs have lost one opportunity to contest in the appeal. Therefore, the Court is of the opinion to give one more chance to the plaintiffs to prosecute the appeal. Therefore, the order passed in Misc.Petition No.22/2015 is hereby set aside and remanded to the First Appellate Court to consider the appeal on merits after giving an opportunity to the plaintiffs. Hence, the following: ORDER i) The Miscellaneous First Appeal is allowed. ii) The order dated 18.03.2016 passed in Misc.No.22/2015 by the II Addl. District and Sessions Judge at Mandya is hereby set aside and the matter is remanded to the First Appellate Court to consider the appeal on merits. - 4 - HC-KAR NC: 2025:KHC:31054 MFA No. 4979 of 2017 iii) The appellants shall appear before the First Appellate Court on 08.09.2025 and the Appellate Court shall issue notice to the respondents and hear the appeal and pass appropriate orders on merits in accordance with law, within a period of six months. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl. No.:24 CT: BHK