- 1 - HC-KAR NC: 2026:KHC:31083 RFA No. 515 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO.515 OF 2023 (PAR) BETWEEN: 1. B. SUBBARAJA, AGED ABOUT 61 YEARS, S/O LATE PAPANNA GUPTA, RESIDING AT NO.11/1, 1ST FLOOR, 6TH ‘B’ MAIN ROAD, TATA SILK FARM, BANGALORE – 560 028. …APPELLANT (BY SRI. MAKAM NAGARAJA GUPTA, ADVOCATE) AND: 1. K. RAMAMURTHY, AGED ABOUT 67 YEARS, S/O LATE K. SUBBA RAMAIAH SETTY, RESIDING AT NO.11/1, GROUND FLOOR, 6TH ‘B’ MAIN ROAD, TATA SILK FARM, BANGALORE – 560 028. …RESPONDENT (BY SRI. GANESH K. N., ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC., AGAINST THE ORDER DATED 28.03.2022 PASSED Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31083 RFA No. 515 of 2023 IN FDP NO.163/2017 ON THE FILE OF THE XXVII ADDITIONAL CITY CIVIL JUDGE, BENGALURU AND ETC., THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the appeal is listed for admission, with the consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal. 2. This Regular First Appeal is filed by the appellant/defendant calling in question the order dated 28.03.2022 passed in FDP No.163/2017 by the XXVII Additional City Civil and Sessions Judge, Bengaluru1, thereby the FDP Court is directed the drawing of the decree in the absence of appellant/defendant. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the FDP Court. 1 hereinafter referred to as ‘the FDP Court’ for short - 3 - HC-KAR NC: 2026:KHC:31083 RFA No. 515 of 2023 4. It is the grievance of the appellant/defendant that during consideration of the 2nd Commissioner’s report, the appellant/defendant was not present; therefore, in his absence, the 2nd Commissioner’s report was considered, which prejudiced the appellant/defendant. Hence, the only prayer of the defendant is that the appellant/defendant be given an opportunity to make his submissions on the 2nd Commissioner’s report and therefore, prays to remand the matter. 5. The FDP Court by the order dated 28.03.2022 accepted the 2nd Commissioner’s report and allotted Schedule-I to the plaintiff and Schedule-II property was allotted to the defendant. It is also observed that the defendant in the said proceedings, who is the appellant herein, was absent. Therefore, when the order directing the drawing of the decree was passed, the defendant/appellant was not present. Hence, it is appropriate that one more opportunity be given to the appellant/defendant to make his submission on the 2nd - 4 - HC-KAR NC: 2026:KHC:31083 RFA No. 515 of 2023 Commissioner’s report. By reserving liberty, the matter is remanded to the FDP Court. Thus, the appeal is liable to be allowed. 6. In the result, I proceed to pass the following: ORDER i. The Regular First Appeal is allowed. ii. The order dated 28.03.2022 passed in FDP No.163/2017 by the XXVII Additional City Civil and Sessions Judge, Bengaluru, is hereby set aside. iii. The matter is remanded to the FDP Court to re-hear both the parties on the 2nd Commissioner’s report and pass appropriate orders as per law. iv. No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 32