- 1 - HC-KAR NC: 2025:KHC:54692 MFA No. 2563 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2563 OF 2019 (CPC) BETWEEN: B SHAMBEGOWDA SINCE DEAD BY LRS 1A. MANU S. S/O. LATE SHAMBEGOWDA 1B. ANITHA C. D/O. LATE SHAMBEGOWDA 1C. SMT. CHIKKATHAYAMA W/O. LATE SHAAMALAGOWDA APPELLANTS 1A TO 1C ARE R/AT NO.299, 1ST BLOCK JAYAPURA HOBLI GG POST HAROHALI GUJJEGOWDANPURA MYSURU - 570 008 …APPELLANTS (BY SRI. A. MADHUSUDHANA RAO, ADVOCATE FOR APPELLANT AND ALSO FOR LRS OF APPELLANT I.E. A1(A) TO A1(C)) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54692 MFA No. 2563 of 2019 AND: 1. SMT NINGAMMA W/O. SHIVANNA, AGED ABOUT 63 YEARS R/AT KELLAHALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK AND DIST 2. SMT. THAYAMMA W/O. CHIKKANNA, AGED ABOUT 52 YEARS R/AT BALAHALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK AND DIST 3. LINGEGOWDA W/O. CHIKKATHAMMEGOWDA, AGED ABOUT 65 YEARS R/AT HAROHALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK AND DIST 4. SMT. MARAMMA W/O. SHIANNA, AGED ABOUT 50 YEARS R/AT HAROHALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK AND DIST …RESPONDENTS (R2, R3 AND R4 ARE SERVED VIDE ORDER DATED 18.09.2025, SERVICE OF NOTICE TO R1 IS HELD SUFFICIENT) - 3 - HC-KAR NC: 2025:KHC:54692 MFA No. 2563 of 2019 THIS MFA IS FILED U/O. 43 RULE 1(d) OF THE CPC, AGAINST THE ORDER DT.12.07.2018 PASSED IN MIS.NO.23/2017 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE, JMFC, MYSURU, DISMISSING THE MISCELLANEOUS PETITION FILED U/O. 9 RULE 13 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT This appeal is filed by the defendant No.3/petitioner questioning the order passed in Mis. No.23/2017 dated 12.07.2018 by the IV Addl. Senior Civil Judge & J.M.F.C., Mysuru, dismissing the petition filed under Order IX Rule 13 of C.P.C., resulting in upholding the judgment and decree passed in Original Suit No.1144/2012 dated 07.10.2013 by the IV Addl. Senior Civil Judge, Mysore, filed for partition and separate possession. 2. Heard learned counsel for the parties and perused the material on record. 3. The plaintiff has filed suit for partition and separate possession in O.S.No.1144/2012. It is the submission made by - 4 - HC-KAR NC: 2025:KHC:54692 MFA No. 2563 of 2019 learned counsel for the appellant that the defendants have not received any summons from the trial Court and they could not have knowledge regarding the suit proceedings. Therefore, the trial Court has proceeded with the suit and delivered exparte judgment and decree. 4. It is the submission of the learned counsel for the appellants herein, that the appellant/defendant No.3 came to know regarding the exparte decree passed when they have received the summons in the Final Decree proceedings by the FDP Court then they came to know that such exparte decree passed and they have filed petition under order IX rule 13 of CPC but it was dismissed on the ground of delay. It is submitted that virtually there was no delay but soon after coming to know about the knowledge of such exparte decree passed, then the petition has been preferred before the trial Court under Order IX Rule 13 CPC. 5. The suit is filed for partition and separate possession before the trial Court. The defendants were exparte in the suit and exparte decree was passed. Therefore, the appellant and other defendants are required to be heard in the - 5 - HC-KAR NC: 2025:KHC:54692 MFA No. 2563 of 2019 suit, otherwise, it would lead to violation of principle of natural justice of law. Therefore, the exparte order of decree passed by the trial Court is liable to be set-aside. Therefore, I proceed to pass the following: ORDER i) The appeal is allowed with costs of Rs.10,000/- payable to the plaintiff. ii) The exparte judgment and decree passed in OS No.1144/2012 dated 07.10.2013 is set-aside and the suit is remanded to the trial Court for fresh disposal in accordance with law. iii) The appellants shall pay cost of Rs.10,000/- (Rupees Ten thousand only) to the plaintiffs. iv) Both the parties shall appear before the trial Court on 30.01.2026. SD/- (HANCHATE SANJEEVKUMAR) JUDGE PSJ List No.: 1 Sl No.: 22