- 1 - HC-KAR NC: 2025:KHC-K:3824 RFA No. 200039 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR FIRST APPEAL NO.200039 OF 2024 (DEC/INJ) BETWEEN: ANNARAYA S/O MONAPPA BADIGER, AGE: 71 YEARS, OCC: AGRICULTURE, R/O: IJERI, TQ: JEWARGI, DISTRICT: KALABURAGI – 585 101. …APPELLANT (BY SRI. S.S.SARADAGI ,ADVOCATE) AND: SRI MANOHAR @ MOUNESH S/O PRABHURAO BADIGER, AGE: 41 YEARS, OCC: CARPENTER, R/O: JEWARGI, DIST: KALABURAGI – 585 101. …RESPONDENT (BY SRI B.BHIMASHANKAR, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 30.08.2018 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, JEWARGI, IN O.S.NO.03/2018, AND REMAND THE SUIT BY ALLOWING THIS APPEAL. THIS RFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3824 RFA No. 200039 of 2024 ORAL JUDGMENT Challenging judgment and decree dated 30.08.2018 passed by Senior Civil Judge and Judicial Magistrate of First Class at Jewargi, in O.S.no.3/2018, this appeal is filed. 2. Since appeal is belated by 1187 days, I.A.no.1/2024 is filed for its condonation. 3. Sri SS Saradagi, learned counsel submitted, appeal was against ex parte decree. It was submitted, in affidavit filed in support of I.A.no.1/2024, it was stated, delay was on account of defendant being unaware about filing of suit, as suit summons was not served and even notice in execution petition was also not served and defendant becoming aware of impugned judgment and decree only when Executing Court granted police protection to plaintiff and he was informed by Police. 4. Elaborating same, it is stated, after filing of suit, when suit summons was issued, Process Server had returned it with report about defendant not residing at address given. It was stated, defendant was residing in Pune for livelihood. In additional affidavit filed in support of application, it was stated - 3 - HC-KAR NC: 2025:KHC-K:3824 RFA No. 200039 of 2024 that he was residing in house of one Raju Somling Harlayya, R/o SR.No.45/28/11, Amar Bharat Nagar, Kharade Flour mill, Warje Malwadi, Pune-41, as defendant was into petty business of installation of shops in FAIRS. It was submitted, there was sufficient cause for non-appearance and hence, sought for condonation. 5. Respondent has filed objection to application denying/disputing assertions by defendant on oath. 6. Heard learned counsel, perused impugned judgment and decree, trial Court records and I.A.no.1/2024 along with accompanying affidavit. 7. It is seen, O.S.no.3/2018 was filed with appellant herein arrayed as defendant and showing his address as resident of Ijeri, Tq. Jewargi, Dist. Kalaburagi. Suit was filed on 06.01.2018. Suit summons was ordered on 10.01.2018. On 11.01.2018, trial Court noted report of Process Server that summons could not be served as party was not residing in given address. Thereafter, suit summons was ordered to be issued by RPAD. On 17.02.2018, due to non-receipt of - 4 - HC-KAR NC: 2025:KHC-K:3824 RFA No. 200039 of 2024 summons or cover, it was adjourned to 01.03.2018. On said date, trial Court directed Registry to secure postal track report from Postal Department. On receipt of same, trial Court passed order on 04.04.2018 holding service of suit summons on defendant sufficient taking note of postal track report indicating service. Thus, suit had proceeded after due service to appellant/defendant. Service of suit summons was effected on 07.02.2018. Perusal of report of Process Server would indicate that summons was returned by recording that defendant was not residing at given address, but, same was dated 23.01.2018. 8. Though in additional affidavit filed in support of I.A.no.1/2024, it is stated that appellant was residing in house of one Raju Somling Harlayya, but, affidavit of said Raju or any record to indicate that appellant was not residing at address shown in cause-title of plaint is not produced. In fact, in present appeal as well as affidavits, appellant has consistently shown his place of residence as Ijeri village, Tq. Jewargi, Dist. Kalaburagi. Therefore, appellant has failed to establish and make sufficient good assertions for condonation of delay. - 5 - HC-KAR NC: 2025:KHC-K:3824 RFA No. 200039 of 2024 Hence, I.A.no.1/2024 is rejected. Consequently, RFA no.200039/2024 and other applications stand rejected. Sd/- (RAVI V HOSMANI) JUDGE NB List No.: 1 Sl No.: 32 Ct: Vk