- 1 - HC-KAR CNR: KAHC010292182022 NC: 2026:KHC:44089 RFA No. 1183 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 1183 OF 2022 (MON) BETWEEN: 1. SRI N THIMMARAJU, AGED ABOUT 39 YEARS, R/A NO.17, 14TH A CROSS, AGRAHARA DASARAHALLI, BENGALURU - 560 079 AND ALSO WORKING AS MASTER TECHNICIAN AT MRS ASSEMBLY WORK, HAVING DEPARTMENT AND BADGE NO.6342/69427, AT TRANSMISSION CH/CK, HELICOPTER DIVISION, HAL, BENGALURU - 560 017 …APPELLANT (BY SRI. B.V.M.ADEKAR.,ADVOCATE) AND: 1. SRI K T KRISHNA, S/O THAMMANNAGOWDA, AGED ABOUT 50 YEARS, R/A NO.04, 2ND CROSS, PATEL LAYOUT, CHEEMASANDRA, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010292182022 NC: 2026:KHC:44089 RFA No. 1183 of 2022 VIRGONAGAR POST BENGALURU - 560 049 …RESPONDENT (BY SRI. HARSHA KUMAR GOWDA H R.,ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 25.05.2022 PASSED IN OS No.4043/2021 ON THE FILE OF THE XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The defendant/appellant has filed the appeal calling in question the judgment and decree passed in O.S.No.4043/2021 dated 25.05.2022 by the Court of XXXIV Additional City Civil and Sessions Judge at Bengaluru (CCH.No.35), whereby the suit filed for recovery of money is decreed. - 3 - HC-KAR CNR: KAHC010292182022 NC: 2026:KHC:44089 RFA No. 1183 of 2022 2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court. 3. The judgment and decree passed without evidence of the defendant and without cross examining PW-1/plaintiff. Hence, the judgment and decree passed by the Trial Court is one sided one. 4. The order discloses that though the defendant has appeared by engaging services of an Advocate, but the written statement was not filed and also has not cross- examined PW-1/plaintiff and also additional evidence. Hence, the Court is of the opinion to consider the suit on its merits after giving opportunities to the defendant. Therefore, the matter is remanded to the Trial Court for fresh disposal, in accordance with law. 5. Therefore, the judgment and decree is liable to be set aside and remanded to the Trial Court for fresh consideration in accordance with law, after re-appreciating - 4 - HC-KAR CNR: KAHC010292182022 NC: 2026:KHC:44089 RFA No. 1183 of 2022 both oral and documentary evidence by both sides and this appeal is allowed with cost of Rs.5,000/- payable by defendant to the plaintiff. 6. Hence, I proceed to pass the following: ORDER i. The Regular First Appeal is allowed. ii. The judgment and decree dated 25.05.2022 passed in O.S.No.4043/2021 by the Court of XXXIV Additional City Civil and Sessions Judge at Bengaluru, is hereby set aside. iii. The matter is remanded to the Trial Court for fresh consideration in accordance with law. iv. Both the parties shall appear before the Trial Court on 09.09.2026 without expecting notice from the Trial Court. v. The Trial Court is directed to dispose of the suit within a period of 6 months from the date of 09.09.2026. - 5 - HC-KAR CNR: KAHC010292182022 NC: 2026:KHC:44089 RFA No. 1183 of 2022 vi. All contentions are left open. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SPV List No.: 1 Sl No.: 15