Appeal against an order dismissing a misc. petition to set aside an exparte decree. The Court allowed the appeal, setting aside the exparte decree on the condition that appellants pay Rs.25,000 to the respondent to prevent multiplicity of litigation.
Ex parte judgment and decree dated 30.10.2021 set aside on condition of payment of Rs.25,000 to plaintiff.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
M.F.A. NO. 3037 OF 2024 (CPC)
BETWEEN:
BOTH THE APPELLANTS RESIDING AT BHANUPRAKASH LAYOUT WARD NO 01, OPP. GIRAJA SHANKARA KALYANA MANTAPA DEVANAHALLI ROAD, VIJAYAPURA DEVANAHALLI BENGALURU RURAL DISTRICT- 562 135
…APPELLANTS
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
(BY SRI. B. RAMESH, ADVOCATE)
AND:
B. N. MANJUNATH S/O. LATE NAJAMARIYAPPA AGED 56 YEARS R/AT BETTAHALASOORE VILLAGE BETTAHALASOORE POST, JALA HOBLI, BENGALURU - 560157
…RESPONDENT
(SERVED & UNREPRESENTED)
THIS MFA IS FILED U/O. 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 03.10.2023 PASSED IN MISC.PETITION NO.27/2022 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, MACT AT DEVANAHALLI, DISMISSING THE PETITION FILED UNDER ORDER 9 RULE 13 R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
Being aggrieved by the order passed in Misc. Petition No.27/2022 dated 03.10.2023, the appellants/defendants are before this Court.
NC: 2024:KHC:32769 MFA No. 3037 of 2024
vakalath is filed on their behalf.
perused the material on record. The suit is filed for recovery of money. The defendants were served with the summons and as they have not appeared, the Court had set them exparte on 12.04.2021 and the judgment and decree was passed on 30.10.2021. The application to set-aside the exparte judgment and decree is filed. The misc. application is filed on 06.06.2022. The petitioner had not stated any valid reasons for the delay except stating about the COVID-2019 pandemic. The reasons that are stated in support of the application cannot be termed as just and reasonable cause for condoning the delay. The judgment relied on by the learned counsel for the appellant do not come to the rescue of the plaintiff as the same is not applicable to the facts of the case.
NC: 2024:KHC:32769 MFA No. 3037 of 2024
passed in Misc.Petition No.27/2022 on the condition that the defendants shall pay an amount of Rs.25,000/- to the plaintiff within a period of four weeks from the date of receipt of the copy of this order or on the date the matter comes up before the Court. On such payment of the amount, the judgment and
decree dated 30.10.2021 shall be set aside.
Accordingly, the appeal is allowed .
SD/(LALITHA KANNEGANTI) JUDGE
KA List No.: 1 Sl No.: 20
2 issues framed by the court
Whether the delay in filing a misc. application to set aside the exparte judgment and decree is condonable on grounds of COVID pandemic.
Whether the exparte judgment and decree is to be set aside under substantial justice principles.
Colour shows how this judgement treated each authority
Mool Chandra vs. Union of India & Anr.Referred¶30
Mool Chandra vs. Union of India & Anr. in Civil Appeal Nos.8435-8436 of 2024
2 provisions across 1 enactments
MANJUNATHA G. S/O. LATE GOVINDAPPA
SMT. SHOBHA G. W/O. MANJUNATHA G.
B. N. MANJUNATH
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
