HC-KAR NC: 2026:KHC:33200 WP No. 4224 of 2024 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 4224 OF 2024 (GM-CPC) BETWEEN: 1. SMT. RENUKA AGED ABOUT 59 YEARS, W/O LATE SHRINIVASAIAH, 2. SRI. SANTHOSH AGED ABOUT 39 YEARS, S/O LATE SHRINIVASAIAH, BOTH ARE RESIDENTS OF RAMAMANDIRA ROAD, HALAGURU VILLAGE AND HOBLI, MALAVALLI TALUK, MANDYA DISTRICT–571 401. …PETITIONERS (BY SRI. RAJA.L., ADVOCATE) AND: SRI. BASAVEGOWDA AGED ABOUT 76 YEARS, S/O LINGEGOWDA, RESIDENT OF ANKANAHALLI VILLAGE, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT – 571 401. …RESPONDENT (BY SRI. MAHESHCHANDRA.B.N., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD:26.08.2015, PASSED BY THE PRL.CIVIL JUDGE AND JMFC, AT MALAVALLI IN MISC.PETITION NO.1/2014 VIDE ANNEXURE- E AND ALSO PASSING THE ORDER IN MISC. APPEAL NO. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA HC-KAR NC: 2026:KHC:33200 WP No. 4224 of 2024 2 4/2017, PASSED BY THE SENIOR CIVIL JUDGE, AT MALAVALLI, DTD 22.07.2019 VIDE ANNEXURE-K. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. I.A.No.1/2026 is an application filed seeking early hearing of the petition. For the reasons as stated in the application, I.A.No.1/2026 is allowed. 2. The present petition is filed by the petitioners/defendants seeking the following prayers: “a) Issue Writ of certiorari quashing the impugned order dated 26.08.2015, passed by the Prl. Civil Judge and JMFC, at Malavalli, in Misc.Petition No.1/2014 vide Annexure-E; b) And also passing the Order in Misc. Appeal No.4/2017, passed by the Senior Civil Judge, at Malavalli, dated 22.07.2019 vide Annexure-K; c) Pass any appropriate Writ, Order or direction as deemed fit by this Hon’ble court under facts and circumstances of the case in the interest of justice and equity.” 3. With the consent of the parties, the matter is taken up for disposal today itself. HC-KAR NC: 2026:KHC:33200 WP No. 4224 of 2024 3 4. Learned counsel for the petitioners/defendants contends that an exparte decree was passed against them owning to the non-appearance of their counsel before the learned Trial Court on 26.08.2015. Subsequently, they challenged the order of the learned Trial Court by filing an appeal being M.A.No.4/2017 under Order 43 Rule 1(d) of the Code of Civil Procedure (hereinafter referred to as the ‘CPC’) before the Court of the Senior Civil Judge, Malavalli. This appeal was dismissed by the Appellate Court on 22.07.2019. Subsequently, another challenge was made before the learned Trial Court being the Principal Civil Judge & JMFC, Malavalli and the learned Trial Court also dismissed the appeal as not maintainable. This has led to the petitioner filing the present petition before this Court. 5. The learned counsel for the petitioners/defendants submits that a suit for specific performance was filed by the respondent/plaintiff which was decreed against them without their appearance and they have been directed to receive the balance consideration from the HC-KAR NC: 2026:KHC:33200 WP No. 4224 of 2024 4 respondent/plaintiff and execute the registered sale deed in respect of the suit property to the respondent/plaintiff. He submits that the petitioners/defendants had not executed the agreement to sell the suit property and the money received was merely a hand loan taken from the respondent / plaintiff. 6. The learned counsel for the respondent/plaintiff on the other hand submits that the agreement to sell was dated 27.03.2011 executed by the parties. However, since the petitioners/defendants did not perform their obligations, a suit for specific performance was filed. The petitioners/defendants although were served, did not appear before the Court or contest the suit. Hence, the suit was decreed exparte. He further submits that the conduct of the petitioners/defendants has been such that would not entitle them to any relief from this Court. 7. An examination of the record shows that the case has a peculiar checkered history. No doubt a suit for specific performance of an agreement to sell dated 27.03.2011 HC-KAR NC: 2026:KHC:33200 WP No. 4224 of 2024 5 was filed. However, given the fact that there was no defence, the suit was decreed. The challenge to the exparte decree was repelled by the Appellate Court stating that an appeal is not maintainable under Order 9 Rule 13 CPC. When the petitioners/defendants filed a petition under Order 9 Rule 9 CPC, the Trial Court dismissed the same also finding the challenge as not maintainable. Now, the petitioners/defendants are before this Court with the present petition. 8. It is apparent from the record that the petitioners/defendants have not been diligent in prosecuting their case. The learned counsel for the petitioners/defendants submits that if the petitioners/defendants are given one opportunity, they will ensure that the case is diligently prosecuted and that the petitioners/defendants will appear on each date of hearing either in person or through an authorized representative. He further submits that if they are denied an opportunity, the petitioners/defendants will be put to extreme hardship. HC-KAR NC: 2026:KHC:33200 WP No. 4224 of 2024 6 8.1 This suggestion is acceptable to the respondent/plaintiff subject to payment of some costs. It is further contended that the petitioners/defendants must not be permitted any further adjournments. 9. In view of the consensus between the parties and the fact that the exparte decree was challenged by the petitioners/defendants and despite a lapse of 10 years thereafter, the petitioners/defendants did not get a decision to that challenge on merits, this Court deems it apposite to set aside the order in Misc.No.13/2019 dated 25.07.2023 passed by the Principal Civil Judge & JMFC, Malavalli, and remand the matter to the said Court with a caveat that the petitioners/defendants would be permitted to contest their case in O.S.No.297/2013, subject to the following conditions: (i) The parties shall appear before the learned Trial Court on 06.08.2026. HC-KAR NC: 2026:KHC:33200 WP No. 4224 of 2024 7 (ii) A written statement will be filed by the petitioners/defendants before the Trial Court with an advance copy to the learned counsel for the respondent/plaintiff, within two weeks from the date of receipt of this order; (iii) The respondent/plaintiff shall have an opportunity to file his Replication in accordance with law, if he so desires, within two weeks thereafter; (iv) The learned Trial Court is requested to frame Issues in the matter, and proceed with the Trial expeditiously; (v) Learned counsel for the parties submit that neither party will take any unnecessary adjournments. The parties are bound down by the statements made in Court today; (vi) The petitioners/defendants shall appear on each date of hearing either in person/online or through an authorized Power of Attorney Holder. The failure of the petitioners/defendants to appear on any date may entail imposition of costs by the learned Trial Court; HC-KAR NC: 2026:KHC:33200 WP No. 4224 of 2024 8 (vii) Costs in a sum of Rs.10,000/- shall be paid by the petitioners/defendants to the respondent / plaintiff before the Trial Court, on the next date of hearing. 10. The learned Trial Court is requested to dispose of the matter within four months, or as expeditiously as possible. It is made clear that the rights and contentions of both the parties are left open to be agitated before the Trial Court. 11. The appeal is disposed of in the aforegoing terms. All pending applications stand closed. Sd/- (TARA VITASTA GANJU) JUDGE KS List No.: 1 Sl No.: 7