Siddu S/O Sangappa Kengalagutti v. Shankargouda S/O Sanganagouda Patil
Case brief
What is this about?
Writ petition allowed; ex parte decree challenged via Order IX Rule 13 CPC restored. Keywords: Order IX Rule 13 CPC; ex parte decree; COVID-19 pandemic restrictions; specific performance of immovable property; restoration of suit; conditional remand; cost of Rs.30,000/-; written statement within 7 days; condition precedent; Articles 226 and 227; certiorari; O.S.No.12/2020; Civil Misc. No.1/2021; Misc. No.5018/2021; Addl. Senior Civil Judge Jamakhandi; I Addl. District Judge Bagalkot; High Court of Karnataka Dharwad; WP No. 100179 of 2023; GM-CPC; appearance on 15.12.2025; contentions kept open; no opinion on merits.
What did the court decide?
Writ petition allowed. The order dated 27.09.2021 of the Addl. Senior Civil Judge, Jamakhandi in Civil Misc. No.1/2021 and the order dated 14.01.2022 of the I Addl. District Judge, Bagalkot in Misc. No.5018/2021 are set aside; the judgment dated 04.12.2020 in O.S.No.12/2020 is restored and the matter is remitted to the Trial Court for fresh consideration. Conditions: petitioner/defendant to file the written statement on the date of appearance and pay cost of Rs.30,000/- to the plaintiff/respondent; payment of cost and filing of written statement within 7 days from the date of appearance is the condition precedent to contest; parties to appear before the Trial Court on 15.12.2025 without further notice; all contentions kept open.