Rudramma v. Gangamma

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 2362 OF 2024 (PAR) BETWEEN:

¶1RUDRAMMA D/O LATE SIDDAPPA, AGED ABOUT 57 YEARS,

¶2VENKATESHA S/O LATE SIDDAPPA, AGED ABOUT 52 YEARS,

¶3RAMESHAPPA S/O LATE SIDDAPPA, AGED ABOUT 47 YEARS, AGRICULTURIST,

ALL ARE AGRICULTURISTS, RESIDING AT SOLLAPURA VILLAGE, AJJAMPURA HOBLI, AJJAMPURA TALUK, CHIKKAMAGALURU DISTRICT. &APPELLANTS (BY SRI. NAVEEN.J.N., ADVOCATE)

AND:

¶1GANGAMMA W/O LATE HANUMANTHAPPA @ HANUMANNA, AGED ABOUT 62 YEARS,

Location: HIGH COURT OF KARNTAKA NC:(2026:KHC:12902-DB( RFA(No.(2362(of(2024( ( , ,,HC-KAR( ( (

2., RENUKAMMA, D/O,LATE,HANUMANTHAPPA,@,HANUMANNA,, AGED,ABOUT,42,YEARS,, ,

3., SHIVAMMA, S/O,LATE,HANUMANTHAPPA,@,HANUMANNA,, AGED,ABOUT,37,YEARS,, ,

4., NETHRAMMA, D/O,SIDDARAMAPPA,, AGED,ABOUT,27,YEARS,, ,

5., RENUKA, S/O,LATE,SIDDARAMAPPA,, AGED,ABOUT,14,YEARS,, SINCE,MINOR,REPRESENTED,BY, HER,NATURAL,GUARDIAN,MOTHER, SMT,NETHRAMMA., ALL,ARE,RESIDING,AT,SOLLAPURA,VILLAGE,, AJAMPURA,HOBLI,,, CHIKKAMAGALURU,DISTRICT., ,

6., LAND,ACQUISITION,OFFICER,, AND,SUB-DIVISIONAL,OFFICER,, BHADRA,UPPER,PROJECT,, MINI,VIDHANA,SOUDHA,, TARIKERE,TALUK,, CHIKKAMAGALURU,DISTRICT., ,

7., THE,MANAGER,, KARNATAKA,BANK,, AJJAMPURA,BRANCH,, AJJAMPURA,TALUK,, CHIKKAMAGALURU,DISTRICT., …RESPONDENTS, (BY,SRI.,KENDULI.S.N.,,ADVOCATE,FOR,R1,TO,R4;, ,,,,,,R5-MINOR,REPRESENTED,BY,R4;, ,,,,,,R6,&,R7-SERVED,AND,UNREPRESENTED), , , THIS, RFA, IS, FILED, UNDER, SEC.96, OF, CPC.,, AGAINST, THE, JUDGMENT, AND, DECREE, DATED, 16.12.2023, PASSED, IN,

OS NO.193/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND PRL. JMFC, TARIKERE., PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN & HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This appeal is filed challenging the judgment and decree dated 16.12.2023, passed by the Senior Civil Judge and Principal JMFC and Tarikere, in O.S.No.193/2022.

¶2We have heard the learned counsel appearing on either side and perused the records.

¶3The learned counsel appearing for the appellants submits that the impugned judgment and decree was passed ex-parte, without providing an opportunity to defendants No.1 to 3 to state their case.

¶4It is submitted that the Notice issued to the defendants was served and that a counsel had been engaged. However, the counsel did not instruct the defendants to file the written statements and therefore the written statements could not be filed by defendants No.1 to 3. It is therefore contended that the impugned judgment and decree may be set-aside and the matter may be remanded to the trial Court to give an opportunity to the defendants to file their written statements and contest the suit.

¶5The learned counsel appearing for the respondents, on the other hand, contends that Notice had been issued to the defendants and they had entered appearance but had not filed the written statements. It is submitted that no reason whatsoever was stated for non-filing of the written statements and the respondents herein who were the plaintiffs before the trial Court are all senior citizens.

¶6It is further contended that the entire amount of compensation in respect of the property in question had been wrongly withdrawn by the defendants.

¶7Having considered the contentions advanced, we notice that the appellants submits that they had a contestable case inasmuch as they contend that there was a prior partition and that the property in question had fallen to the share of one Siddappa who is their predecessor in interest.

¶8Having considered the contentions advanced, we are of the opinion that the issue requires consideration at the trial stage. Accordingly:-

(i) The appeal is allowed.

(ii) The judgment and decree dated 16.12.2023, passed by the Senior Civil Judge and Principal JMFC and Tarikere, in O.S.No.193/2022 is therefore set-aside on payment of cost of Rs.20,000/- (Rupees Twenty Thousand Only) to be paid to the respondents / plaintiffs.

(iii) The matter is remanded to the Senior Civil Judge and Principal JMFC and Tarikere for consideration on merits.

(iv) The parties shall appear before the trial Court without waiting for further notice on 08.04.2026.

(v) The written statement if any, shall be filed by the appellants on that date after serving copy to the other side.

(vi) The trial Court shall take all efforts to dispose of the matter at the earliest without undue delay and after giving proper opportunity to the parties.

Sd/- (ANU SIVARAMAN) JUDGE

Sd/- (TARA VITASTA GANJU) JUDGE

JJ List No.: 1 Sl No.: 19