Sri D S Venkataramana Babu Vs Sri M M v Sridhar — Karnataka HC (2026) — LawSathi Research

Sri D S Venkataramana Babu Vs Sri M M v Sridhar — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Civil Revision Petition allowed; order dated 24.11.2025 dismissing Miscellaneous Petition No.78/2025 set aside; suit in S.C.No.716/2024 (ex parte decree dated 09.01.2025) recalled and restored to its original file; parties directed to appear before the XXIII Additional Small Causes Judge, Bengaluru on 02.03.2026; trial court requested to enable the defendant to file a written statement and dispose of the suit as expeditiously as possible and at any rate within three months from 02.03.2026.

Issue for consideration

Whether the dismissal of Miscellaneous Petition No.78/2025 - the defendant's application to recall the ex parte decree in S.C.No.716/2024 - called for interference, i.e., whether the miscellaneous petition ought to have been allowed and the suit restored for decision on merits.

Ratio / Principle

It being an admitted fact that the order passed by the Small Causes Court was an ex parte order, in order to meet the ends of justice the Miscellaneous Petition should have been allowed while restoring the suit to be heard and decided on merits.

Key takeaways

The Civil Revision Petition is allowed and the order dated 24.11.2025 passed in Miscellaneous Petition No.78/2025 is set aside. On the Court's suggestion that the Miscellaneous Petition be allowed and the original suit restored for disposal within a time frame, both learned counsels agreed.ratio¶35
Consequently, the suit in S.C.No.716/2024 (decree dated 09.01.2025) is recalled and the case is restored to its original file.ratio¶35
The parties are directed to appear before the learned XXIII Additional Small Causes Judge, Bengaluru on 02.03.2026 without waiting for further notice, and the trial court is requested to enable the defendant to file a written statement and proceed to record evidence on both sides.

Detailed headnote1 paragraphs

Civil Revision Petition allowed (R Devdas, J) - Filed under Section 18, Karnataka Small Causes Courts Act, 1964, against dismissal of Miscellaneous Petition No.78/2025 by which the XXIII Additional Small Causes Judge, Bengaluru refused to recall an ex parte decree dated 09.01.2025 in S.C.No.716/2024 (eviction suit filed by the plaintiff/landlord on 12.08.2024). Held: it being an admitted fact that the decree was ex parte, in order to meet the ends of justice the miscellaneous petition should have been allowed while restoring the suit to be heard and decided on merits; on the Court's suggestion, both learned counsels agreed to restoration with time-bound disposal. Order dated 24.11.2025 set aside; suit recalled and restored to its original file; parties directed to appear on 02.03.2026 without waiting for notice; trial court requested to enable filing of written statement, record evidence on both sides and dispose of the suit as expeditiously as possible and in any event within three months from 02.03.2026.

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NC: 2026:KHC:9674 CRP No. 30 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS

CIVIL REVISION PETITION NO. 30 OF 2026

BETWEEN:

SRI D S VENKATARAMANA BABU S/O SRI. DESHKULKARNIA AGED ABOUT 40 YEARS R/A FLAT NO. A - 92 BHARAT RESIDENCY GROUND FLOOR, ANAND NAGAR MARATHAHALLI BENGALURU - 560 037.

…PETITIONER

(BY SRI. P B RAJU., ADVOCATE)

AND:

SRI M M V SRIDHAR Digitally signed S/O SRI. BALAMUNEPPA by JUANITA AGED ABOUT 56 YEARS THEJESWINI R/A FLAT NO. A - 92 Location: HIGH COURT OF BHARAT RESIDENCY GROUND FLOOR, KARNATAKA ANAND NAGAR MARATHAHALLI BENGALURU - 560 037. …RESPONDENT (BY SRI. SATISH S., ADVOCATE)

THIS CRP IS FILED UNDER SECTION 18 OF THE KARNATAKA SMALL CAUSES COURTS ACT, 1964, PRAYING TO CALL FOR THE RECORDS IN MISC.NO.78/2025 ON THE FILE OF THE HON’BLE XXIII ADDITIONAL SMALL CAUSES JUDGE

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BENGALURU (SCCH-25) AND STAY THE OPERATION OF JUDGMENT AND DECREE DATED 09.01.2025 PASSED BY THE AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT IN S.C.NO. 716/2024, IT WOULD BE IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

This Civil Revision Petition is filed by the petitioner/

original dependent in a suit in S.C.No.716/2024, being aggrieved of the dismissal of the Miscellaneous Petition No.78/2025 filed by the original defendant.

For the sake of convenience, the parties shall be referred to in terms of their ranking before the Trial Court.

The respondent herein being the plaintiff/landlord has filed a suit in S.C.No.716/2024 on 12.08.2024 for eviction of the defendant-tenant. An ex parte order was passed on 09.02.2025 allowing the suit while directing the

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defendant to vacate from the suit schedule premises. The defendant filed Miscellaneous Petition No.78/2025 seeking to recall the ex parte order passed against the defendant. The said miscellaneous petition being dismissed by order dated 24.11.2025, this Civil Revision Petition has been filed.

Having heard the learned Counsel for petitioner

and the learned Counsel for respondent and on perusing the petition papers, this Court finds that the suit having been filed on 12.08.2024, the learned Small Causes Court Judge proceeded to place the defendant ex parte and passed an order on 09.01.2025 allowing the suit while directing the defendant to vacate the suit schedule premises and hand over vacant possession to the plaintiff/ landlord. Having regard to the said admitted facts that the order passed by the Small Causes Court was an ex parte order, in order to meet the ends of justice the Miscellaneous Petition should have been allowed while restoring the suit to be heard and decided on merits.

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NC: 2026:KHC:9674 CRP No. 30 of 2026

HC-KAR

Today, when this Court made the suggestion that the Miscellaneous Petition should be allowed and the original suit should be restored to be heard and disposed of within a time frame, both the learned Counsels have agreed to the suggestion put forth by this Court.

Accordingly, the Civil Revision Petition is allowed while setting aside the order dated 24.11.2025 passed in Miscellaneous Petition No.78/2025. The order dated 09.01.2025 passed in S.C.No.716/2024 on the file of learned XXIII Additional Small Causes Judge, Bengaluru. Consequently, the suit in S.C.No.716/2024 is recalled and the case is restored to its original file.

The parties herein are directed to appear before learned XXIII Additional Small Causes Judge, Bengaluru on 02.03.2026 , without waiting for further notice. The learned XXIII Additional Small Causes Judge is requested to enable the defendant to file written statement and thereafter proceed to record the evidence on both the

NC: 2026:KHC:9674 CRP No. 30 of 2026

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HC-KAR

sides and also endeavour to dispose of the case as expeditiously as possible and at any rate within a period of

3 (three) months from 02.03.2026.

Ordered accordingly.

Sd/(R DEVDAS) JUDGE

DL CT: JL