Smkt. Kasturibai W/O Hanamantasa Kathare v. Smt. Smita W/O Anil Kathare
Case brief
What is this about?
RFA No. 100219 of 2022 (NC: 2025:KHC-D:15511); High Court of Karnataka, Dharwad Bench; Justice Anant Ramanath Hegde; decided 13.11.2025; ex parte decree set aside on terms; partition and separate possession suit O.S.No.209/2018; no written statement, no cross-examination; remand to Trial Court for afresh consideration; written statement within 30 days; appearance fixed 01.12.2025; costs ₹40,000/- as condition precedent; Section 96 read with Order 41 Rule 1 CPC; appellants Kasturibai, Anil and Arun Kathare; respondent Smita Kathare; Hubballi.
What did the court decide?
Judgment and decree dated 02.12.2021 in O.S.No.209/2018 set aside; matter remitted to the Trial Court for afresh consideration; defendants to file their written statement within 30 days from the date of appearance before the Trial Court; parties to appear before the Trial Court on 01.12.2025; defendants to pay Rs. 40,000/- cost to the plaintiff, payment being a condition precedent to filing the written statement; defendants to co-operate with the Trial Court for early disposal of the suit.