B Shambegowda v. Smt Ningamma
Case brief
What is this about?
Ex parte decree set aside; non-service of summons; lack of notice of suit proceedings; principle of natural justice; Order IX Rule 13 CPC miscellaneous petition dismissed on ground of delay; appeal under Order XLIII Rule 1(d) CPC allowed with Rs.10,000 costs payable to plaintiff; partition and separate possession suit O.S. No.1144/2012 (decree dt. 07.10.2013), IV Addl. Senior Civil Judge & JMFC Mysuru; knowledge of decree through Final Decree Proceedings (FDP) summons; suit remanded for fresh disposal; parties to appear on 30.01.2026; appellant B Shambegowda (dead) by LRs Manu S., Anitha C., Chikkathayama; advocate A. Madhusudhana Rao.
What did the court decide?
Appeal allowed with costs; ex parte judgment and decree passed in OS No.1144/2012 dated 07.10.2013 set aside; suit remanded to the trial Court for fresh disposal in accordance with law; appellants to pay Rs.10,000/- costs to the plaintiffs; both parties to appear before the trial Court on 30.01.2026.