Karnataka High Court
Shivashankar vs Sri V Gunashekara on 3 July, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:25008
RFA No. 1112 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REGULAR FIRST APPEAL NO. 1112 OF 2024 (MON)
BETWEEN:
SHIVASHANKAR
S/O LATE RANGAPPA
AGED ABOUT 50 YEARS,
TASHKENTNAGARA
BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT-577 245.
...APPELLANT
(BY SRI. BASAVARAJA.D, ADVOCATE)
AND:
1. SRI. V. GUNASHEKARA
S/O LATE SRI. VINAYAKAM
AGED ABOUT 55 YEARS
Digitally signed by 2. SMT. JAYALAKSHMI
SUMITHRA R
Location: High
W/O V. GUNASHEKARA
Court of Karnataka AGED ABOUT 49 YEARS
THE RESPONDENT NO.1 AND 2
RESIDING AT NMC, 3RD CROSS,
BHOOTHANAGUDI
BHADRAVATHI TOWN
SHIVAMOGGA DISTRICT-577 301.
...RESPONDENTS
THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE
1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
22.02.2024 PASSED IN OS NO.338/2020 ON THE FILE OF PRL.
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NC: 2024:KHC:25008
RFA No. 1112 of 2024
CIVIL JUDGE AND JMFC, BHADRAVATHI, DISMISSING THE
SUIT FOR RECOVERY OF MONEY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant/plaintiff under Section 96 of the Code of Civil Procedure, 1908, calling in question the judgment and decree dated 22.02.2024 passed in R.A..No.338/2020 by the Principal Civil Judge and JMFC, Bhadravathi.
2. Since the subject matter does not exceed value of Rs.10,00,000/-, a suit was filed for recovery of money of Rs.5,00,000/-. Therefore, the appeal is not maintainable in this Court. Accordingly, the appeal is dismissed as not maintainable.
3. Liberty is reserved to file an appeal before the Competent Court of law.
4. A period spent in prosecuting this appeal is excluded under Section 14 of the Limitation Act, 1963, for the purpose of calculating the limitation period. -3-
NC: 2024:KHC:25008 RFA No. 1112 of 2024
5. Registry is directed to return the certified copy of the documents to the appellant by placing a photocopy of the same at cost of the appellant.
Sd/-
JUDGE KTY List No.: 1 Sl No.: 22