Smt. Thopamma V V vs Smt. V J Saraswathi
2021 Latest Caselaw 5698 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 7TH DAY OF DECEMBER, 2021

                      BEFORE

 THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

              R.F.A. No.1137 OF 2021

BETWEEN:

1.   SMT. THOPAMMA V V
     W/O LATE V C VENKATAPPA
     AGED ABOUT 80 YEARS

2.   SRI V V RAVI
     S/O LATE V C VENKATAPPA
     AGED ABOUT 65 YEARS

3.   SRI V V SUBRAMANI
     S/O LATE V C VENKATAPPA
     AGED ABOUT 65 YEARS

4.   SRI V V RAGHU
     LATE V C VENKATAPPA
     AGED ABOUT 61 YEARS

5.   SMT. V V SUKANYA
     D/O LATE V C VENKATAPPA
     AGED ABOUT 59 YEARS

6.   SRI V V CHANDRASHEKHAR
     S/O LATE V C VENKATAPPA
     AGED ABOUT 57 YEARS

     ALL ARE RESIDENTS OF KANNANGALA VILLAGE
     AMMATHI ONTIANGADI
                                        RFA.No.1137/2021

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       VIRAJAPET
       KODAGU DISTRICT.
                                       ...APPELLANTS
(BY SRI. PRAVEEN KUMAR RAIKOTE, ADVOCATE)

AND:

1 . SMT. V J SARASWATHI
    W/O LATE V V JAGADISH
    R/O KANNANGALA VILLAGE
    AMMATHI ONTIANGADI
    VIRAJAPET KODAGU DISTRICT.

2 . SMT. V J SAVITHA
    W/O SRI MADHU
    AGED ABOUT 50 YEARS

3 . SMT V J SUMITHRA
    W/O SRI ANAND
    AGED ABOUT 40 YEARS

4 . SMT. V J SWETHA
    W/O GIRISH @ LOKESH
    AGED ABOUT 35 YEARS

   R/O NRUPATHUNGA NAGAR
   HOSAMANE CIRCLE
   BHADRAVATHI

                                     ...RESPONDENTS

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED 29.10.2011 PASSED IN OS.NO.2/2006 ON THE FILE
OF THE SENIOR CIVIL JUDGE VIRAJPET, PARTLY DECREEING
THE SUIT FOR PARTITION, SEPARATE POSSESSION AND
PERMANENT INJUNCTION.
                                               RFA.No.1137/2021

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     THIS APPEAL COMING ON FOR ORDERS THROUGH
PHYSICAL HEARING/VIDEO CONFERENCE, THIS DAY, THE
COURT MADE THE FOLLOWING:

                          ORDER

Learned counsel for the appellants appearing through

video conference submits that in view of the fact that the

valuation of the appeal being less than Rs.10.00 lakhs, he

may be permitted to withdraw the appeal with liberty to

present the same before the appropriate Court and the

Registry has also raised a similar objection regarding

maintainability.

2. In view of the office objection and the submission

made by learned counsel for the appellants, the appeal

stands returned to the appellants for its presentation before

the appropriate Court, however, within a period of three

weeks from today.

Sd/-

JUDGE

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