IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO.258/2025(RO)

BETWEEN:

1. SMT.THIPPAMMA

W/O RANGANATHA

AGE ABOUT 69 YEARS

R/AT "SRI RANGA NILAYA"

VEDAVATHI NAGAR

100 FEET ROAD HIRIYUR TOWN

CHITRADURGA-577 599.

REP BY HER GENERAL POWER OF ATTORNEY HOLDER

SRI.R RANGANATHA

S/O RANGAPPA

R/A "SRI RANGA NILAYA"

VEDAVATHI NAGAR

100 FEET ROAD

Digital ly HIRIYUR TOWN

signed by C CHITRADURGA-577 599.

HONN UR SAB …APPELLANT

(BY SRI.H.K.KENCHEGOWDA., ADVOCATE)

Location:

AND:

HIGH COURT

OF

1. NITHYANANDA YADAV

KARNATAKA

S/O SHIVANNA

AGE ABOUT 39 YEARS

2. CYCLE RANGASWAMY

S/O RANGAPPA

AGE ABOUT 59 YEARS

3. THIMMARAJU

S/O THIMMANNA

AGE ABOUT 46 YEARS

4. CHANDRANNA

S/O THIMMANNA

AGE ABOUT 42 YEARS

5. JAYAMMA W/O THIMMANNA AGE ABOUT 69 YEARS

6. GANGAMMA W/O THIMMARAJU AGE ABOUT 44 YEARS

7. MURTHAPPA S/O KAYI THIMMANA AGE ABOUT 49 YEARS 8. THIMMARAJAMMA W/O MURTHAPPA AGE ABOUT 36 YAERS

9. BHAGYAMMA W/O NITYANANDA AGE ABOUT 36 YEARS RESPONDENT NOS.1 TO 9 ARE R/AT VEDAVATHI NAGAR HIRIYUR TOWN CHITRADURGA-577 599.

…RESPONDENTS THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER ORDER XLIII RULE 1(u) OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 09.10.2025 PASSED IN R.A.NO.22/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA AND REVERSING (SETTING ASIDE) THE JUDGMENT AND DECREE DATED 26.02.2021 PASSED IN O.S NO.5/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HIRIYUR AND ETC.

THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL JUDGMENT

This second appeal is filed against the judgment and decree in R.A.No.22/2021 on the file of II Additional District Judge, Chitradurga.

2. In terms of aforementioned judgment and decree in O.S.No.05/2012 on the file of Senior Civil Judge, Hiriyur is set aside and the matter is remitted to the trial Court for fresh consideration with a direction to afford opportunity to the defendants to contest the matter.

3. Aggrieved by the said judgment and decree remanding the matter to the Trial Court, the present second appeal is filed.

4. Learned Counsel appearing for the plaintiff/appellant would contend that the Appellate Court could not have remitted the matter to the Trial Court for fresh consideration to afford an opportunity to the defendants, who did not lead evidence, despite sufficient opportunity given to them. Learned Counsel for the plaintiff/appellant would also urge that the suit is filed in the year 2012 and in the year 2020, when the case was posted for evidence, the Defendants despite repeated adjournments, did not avail the opportunity to lead evidence. Thus, he would contend that the judgment and decree remanding the matter is impermissible.

5. This Court has considered the contentions raised at the bar and also perused the records.

6. The following question arises for consideration:

" Whether the Appellate Court is justified in remitting the matter to the Trial Court to give opportunity to the defendants to contest the matter?"

7. It is noticed that the suit is filed on 06.01.2012 for the relief of declaration of title, injunction and as well as damages. The suit is decreed on 26.02.2021. It appears that plaintiff himself has taken sufficient adjournment in the matter. However, when the case was posted for evidence of defendants in the year 2020, the matter was adjourned for defendants' evidence for four occasions in the month of November 2020 and December 2020.

8. The Appellate Court has taken a view that during that period, there were restrictions owing to COVID-19 pandemic. Taking that aspect into account and the situation prevailing, the Court felt that the defendants are prevented from genuine cause from leading evidence. Hence, judgment and decree are set aside and matter was remitted back to the Trial Court.

9. This Court does not find any error in the said judgment and decree remitting th