Karnataka High Court
Gunderayya S/O Gurubhimraya ... vs Putalabai S/O Basavantharay ... on 6 January, 2022
Bench: S.R.Krishna Kumar, K S Hemalekha
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF JANUARY 2022
PRESENT
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
AND
THE HON'BLE MRS.JUSTICE K.S.HEMALEKHA
RFA NO.200011/2015 (PAR / POS)
BETWEEN:
Gunderaya S/o Gurubhimraya Kotnoor,
(Biradar) Age 56 Years, Occ: Agri.
& employee in NKKRTC
R/o Banashankari Colony, Old Jewargi Road,
Near Ram Mandir, Plot No.29,
Gulbarga-585102.
... ...Appellant
(By Sri.A.M.Biradar & Sri. K.S.Sakry, Advocates)
AND:
1. Putalabai D/o Basavanthraya Patil,
Age: 59 Years, Occ: Household,
R/o Naganhalli village,
Tq. & Dist. Gulbarga-585 101.
2. Annaraya S/o Sharnappa Patil,
Age: 60 Years, Occ: Household,
R/o Naganalli,
Tq. & Dist. Gulbarga-585 101.
3. Smt. Sarubai W/o Late Hanmanthraya,
Age: 51 Years, Occ: Household,
R/o Naganalli, Tq. & Dist. Gulbarga-585101.
2
4. Nagappa S/o Late Hanmanthraya,
Age: 32 Years, Occ: Agri.
R/o Naganalli, Tq. & Dist. Gulbarga-585101.
5. Shardabai W/o Shivalingappa Dhori Surpur,
Age: 58 Years, Occ: Household,
R/o Madboor Tq. Shahapur, Dist. Gulbarga.
6. The State of Karnataka
Through Deputy Commissioner,
Gulbarga-585102.
7. Hira Singh S/o Umla Lamani,
Age: 67 Years, Occ: Agri.
R/o Hanuman Nagar, Thanda,
Tq. Gulbarga-585101.
8. Smt. Sulochana W/o Revansiddappa Mahagaon,
Age: 62 Years, Occ: Agriculture Labour
& Household, R/o Gulbarga-585101.
9. Shivaraj S/o Appa Sab Patil,
Age: 40 Years, Occ: Agriculture,
R/o Raddewadi village, Tq. & Dist.
Gulbarga-585101.
10. Mallangouda S/o Basawanthrao,
Age: 54 Years, Occ: Agriculture,
R/o Raddewadi village, Tq. & Dist.
Gulbarga-585101.
..... Respondents
(By Sri.B.D.Hangarki, Sri.J.B.Hangarki & Sri.K.B.Hangarki,
Advocate for R2;
R1- Held sufficient;
R3-Served;
R4-Held sufficient;
R5-served;
By Sri. Mallikarjun. C. Basareddy, HCGP for R6;
R7 & R8 - served;
By Sri.Shivanand Patil, Advocate for R9 & R10)
3
This Regular First Appeal is filed under Section 96 of the
Code of Civil Procedure 1908, praying to call for the records and
set-aside the judgment and decree dated 11.12.2014 passed by the
II-Addl. Senior Civil Judge at Kalaburagi in O.S.No.257/2006 by
allowing this appeal with cost by allotting 1/5th share to this
appellant in the plaint suit properties in the interest of justice.
This appeal coming on for hearing this day,
S.R.Krishna Kumar, J, delivered the following:
JUDGMENT
This appeal filed by defendant No.4 in O.S.No.257/2006
is directed against the impugned judgment and decree dated
11.12.2014 passed by the II-Addl. Senior Civil Judge,
Kalaburagi.
2. The aforesaid suit was instituted by respondent
No.1-plaintiff Smt. Putalabai claiming partition and separate
possession of her alleged 1/3rd share in the suit schedule
property and for other reliefs. In the said suit, the appellant
who was arrayed as defendant No.4 filed his written statement
admitting the claim of the respondent No.1-plaintiff and also
seeking 1/3rd share in the suit schedule property.
3. A perusal of the plaint will indicate that the
paragraph No.9, the respondent No.1-plaintiff has valued the
suit schedule property at Rs.15,00,000/- and the plaintiff's
1/3rd share is said to be valued at Rs.5,00,000/-. The said
contention with regard to value of the suit schedule property
has not been disputed by the appellant-defendant No.4 in the
written statement and consequently it is clear that the
appellant-defendant No.4 has also admitted that the value of
his alleged 1/3rd share also comes to Rs.5,00,000/-. Under
these circumstances, in view of Section 19 of Karnataka Civil
Courts Act 1964, the present appeal necessarily has tobe
presented before the jurisdictional District Court.
4. In the result, we proceed to pass the following:
ORDER
Appeal is dismissed by reserving liberty in favour of the
appellant to prefer present an appeal before the jurisdictional
District Court within a period of eight weeks from today.
If such an appeal is preferred by the appellant before
the jurisdictional District Court within the aforesaid eight weeks
from today, the appellant would be entitled to benefit of
Section 14 of Limitation Act for the period from 12.02.2015 to
06.01.2022 during which period the present appeal was
pending before this Court.
Registry is directed to return all the papers back to the
learned counsel for the appellant so as to enable the appellant
to prefer an appeal within a period of aforesaid eight weeks.
Sd/-
JUDGE
Sd/-
JUDGE
SMP
