H L Muniraju vs Nagaraja
2022 Latest Caselaw 2769 Kant

                             1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 18TH DAY OF FEBRUARY, 2022

                        BEFORE

        THE HON'BLE MR. JUSTICE ASHOK.S.KINAGI

              MFA NO.6781 OF 2019 (CPC)

BETWEEN:

H.L.MUNIRAJU,
S/O LATE CHIKKALAKSHMAIAH,
AGED ABOUT 43 YEARS,
RESIDING AT JATHAVARAHOSAHALLI VILLAGE,
NANDI HOBLI,
CHIKKABALLAPURA TALUK

                                       ...APPELLANT

(BY SRI. K.A. PRAKASH, ADV. FOR
    SRI. RAVINDRA B.S., ADV.)

AND:
1.    NAGARAJA
      S/O LATE CHLINNAPPA,
      AGED ABOUT 57 YEARS,

2.    MUNI KRISHNAPPA
      S/O LATE CHINNAPPA,
      AGED ABOUT 48 YEARS,

      BOTH ARE RESIDING AT
      JATHAVARAHOSAHALLI VILLAGE,
      NANDI HOBLI,
      CHICKABALLAPUR TALUK.
                               2




3.    DEVARAJA
      S/O NANJAPPA,
      AGED ABOUT 51 YEARS,

4.    SHIVANANDA
      S/O LATE NANJAPPA,
      AGED ABOUT 44 YEARS,

      RESPONDENT NOS.3 AND 4 ARE
      RESIDING AT JATHAVARAHOSAHALLI
      VILLAGE, NANDI HOBLI,
      CHICKABALLAPUR TALUK
                                   ....RESPONDENTS

     THIS MFA FILED UNDER U/O.43 RULE 1(r) R/W
     SEC.104 OF CPC, AGAINST THE ORDER DT.05.07.2019
     PASSED IN MISL. NO.47/2016 ON THE FILE OF THE
     PRL.    SENIOR    CIVIL   JUDGE    AND     CJM,
     CHIKKABALLAPURA, DISMISSING THE PETITION FILED
     U/O.41 RULE 19 OF CPC WITH COST OF RS.2,000/-
     AND ETC.

    THIS MFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

The appellant aggrieved by the order dated

05.07.2019 passed in Misc.No.47/2016 by the Prl. Senior

Civil Judge and J.M.F.C., Chikkaballapur has filed this

appeal.

2. The impugned order was passed under Order

41 Rule 19 of C.P.C. The subject matter of the suit

property is less than Rs.10,00,000/-. Therefore, the appeal

filed by the appellant before this Court is not maintainable.

The appeal lies before the District Court as per Section 19

of the Karnataka Civil Courts Act, 1964.

3. In view of the same, the learned counsel for

the appellant seeks permission to withdraw the appeal with

a liberty to present it before the proper Court.

4. The submission is placed on record.

The writ petition is dismissed as withdrawn with the

aforesaid liberty.

Registry to return the certified copy of the impugned

order after retaining a photocopy in the file.

Sd/-

JUDGE

ssb