Allowed

Sri. B. G Umesh v. Sri. N. Krishnappa

Karnataka HC2 Jan 2024CRP/293/2022

Case brief

AI extract

What is this about?

A plaintiff's suit was dismissed after he failed to appear when summoned under Order X Rule IV(2) CPC. The High Court, considering his rural residence and bonafide reasons, set aside the dismissal, restored the suit, remanded it to the trial court, imposed costs on him and directed personal appearance.

What did the court decide?

Impugned dismissal order set aside; original suit restored to file and remanded to trial court; petitioner to pay Rs.5,000 cost each to respondents and attend personally on 07.02.2024.

Sri. B. G Umesh Vs Sri. N. Krishnappa — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:36 CRP No. 293 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN CIVIL REVISION PETITION NO.293 OF 2022

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BETWEEN:

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SRI B.G. UMESH S/O. GOVINDAIAH AGED 39 YEARS R/O. BHUSANDRA VILLAGE MAHADEVAPURA POST, KASABA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT.

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…PETITIONER

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(BY SRI M.B. CHANDRACHOODA, ADVOCATE)

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AND:

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Digitally signed by H K HEMA Location: High Court of Karnataka

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SRI N. KRISHNAPPA S/O. SASALU THIMMAIAH AGED 51 YEARS,

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KUM. MEGHA D/O. N. KRISHNAPPA AGED 17 YEARS REP. BY HER N/G FATHER N. KRISHNAPPA

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BOTH ARE RESIDING AT CHOKKENAHALLI VILLAGE URDIGERE HOBLI TUMKURU TALUK AND DISTRICT-572 101.

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…RESPONDENTS

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(BY SRI M.R. SHASHIDHAR, ADVOCATE)

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NC: 2024:KHC:36 CRP No. 293 of 2022

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THIS PETITION IS FILED UNDER SECTION 115 OF CPC., PRAYING TO SET ASIDE THE ORDER DATED 23.10.2017 PASSED IN O.S. NO.259/2013 ON THE FILE OF SENIOR CIVIL JUDGE & CJM., TUMAKURU AND ISSUE ANY APPROPRIATE ORDER OR DIRECTION AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE.

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THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Aggrieved by the order dated 23.10.2017 passed in O.S.No.259/2013 by the Principal Senior Civil Judge & CJM, Tumakuru wherein the original suit filed by the petitioner herein was dismissed in view of the petitioner being absent when the case was posted for questioning him under Order 10 Rule IV (2) of the Code of Civil Procedure, 1908, this Civil Revision petition is filed.

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It is submitted that the petitioner herein was the plaintiff before the trial Court and he was asked to be present before the Court to answer certain queries to be put to him under Order 10 Rule IV (2) of CPC and he was first asked to do so on 28.08.2017. However, as he is a resident of a village and was not in a position to communicate with his counsel on a regular basis, he was not able to know the same and he could not

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NC: 2024:KHC:36 CRP No. 293 of 2022

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attend the Court and finally, the case was dismissed on 23.10.2017. It is submitted that his absence was for bonafide reasons and that he as a good case on merits. It is also further submitted that he is willing to attend the Mediation and negotiate for a settlement with the respondents herein.

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Learned counsel for the respondents justifies the order passed by the trial Court and prays for dismissal of the revision petition.

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However, taking into consideration that the petitioner is a villager and under the given peculiar facts and circumstances of the case, it would be appropriate to give the petitioner a chance to appear before the Civil Court, this Civil Revision Petition is being allowed. Hence, the following:-

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ORDER

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i. The impugned order dated 23.10.2017 passed in

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O.S.No.259/2013 by the Principal Senior Civil Judge

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& CJM, Tumakuru is hereby set aside and the original

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suit is restored to file.

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NC: 2024:KHC:36 CRP No. 293 of 2022

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ii. The matter stands remanded back to the Court of the Principal Senior Civil Judge & CJM, Tumakuru.

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iii. The parties shall appear before the trial Court on 07.02.2024 without further notice and the petitioner shall be present in person before the trial Court on that day.

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iv. Petitioner shall also pay a cost of Rs.5,000/- each to both the respondents by next date of hearing before the trial Court.

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v. The petitioner shall co-operate for early disposal of the original suit.

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Sd/JUDGE

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VMB

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List No.: 1 Sl No.: 12

Sri. B. G Umesh v. Sri. N. Krishnappa

Case brief

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Sri. B. G Umesh v. Sri. N. Krishnappa

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