Sri.Shrikant S/O Maruti Chambal @ ... vs Smt.Prema W/O Basappa Maddani
2022 Latest Caselaw 691 Kant

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        IN THE HIGH COURT OF KARNATAKA
                DHARWAD BENCH

     DATED THIS THE 14th DAY OF JANUARY, 2022

                       BEFORE

       THE HON'BLE MR. JUSTICE R. NATARAJ

            M.F.A.NO.101791/2019 (CPC)

BETWEEN

SRI.SHRIKANT S/O MARUTI CHAMBAL
@ WAGHAMORE,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O BAVACHI, TQ: RAIBAG,
DIST: BELAGAVI.
                                           ...APPELLANT
(BY SRI.P.K.SANNINGAMMANAVAR, ADV.)

AND

1.    SMT.PREMA W/O BASAPPA MADDANI
      AGE: 48 YRS, OCC: HOUSEHOLD WORKS,
      R/O HAROBELAVADI,
      TQ AND DIST: DHARWAD.

2.   SMT. PREMA @ YELLAVVA
     W/O DYAMANNA TALAVAR,
     AGED: 55 YEARS, OCC: HOUSEHOLD WORKS,
     R/O H.NO.14, SIDDARTH COLONY,
     P.B. ROAD, TQ AND DIST: DHARWAD.
                                       ...RESPONDENTS
(BY SRI.J S SHETTY, ADV. FOR R2;
 R1 SERVED)

     THIS MFA FILED U/S.104 R/W ORDER 43 RULE 1(R) OF
THE CPC, AGAINST THE ORDER DATED:15.07.2016, PASSED IN
CVL.MISC.NO.5/2018 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
                                :2:


TRIBUNAL, SAUNDATTI, DISMISSING THE PETITION FILED
UNDER ORDER IX RULE 13 READ WITH SECTION 151 OF CPC.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

This appeal is filed challenging an order dated 01.04.2019

passed by the Principal Senior Civil Judge and Additional Motor

Accident Claims Tribunal, Saundatt, by which a miscellaneous

petition filed by the appellant under Order IX Rule 9 of the Code

of Civil Procedure (for short 'CPC'), was rejected.

2. A suit in O.S.No.102/2015 was filed for specific

performance of an agreement of sale allegedly executed by the

defendants, agreeing to sell the suit property for a sum of

Rs.6,00,000/-. The suit was dismissed for non-prosecution on

04.08.2017. An application was filed by the appellant under

Order IX Rule 9 of CPC for restoration of the suit. The said

miscellaneous petition was dismissed by the trial Court on

01.04.2019.

3. Feeling aggrieved by the aforesaid, the present writ

petition is filed.

4. Learned counsel for the appellant submits that the

trial Court ought to have considered the application liberally

having regard to the nature of relief sought for.

5. Per contra, learned counsel for the

respondents/defendants submitted that the present appeal is not

maintainable before this Court since the suit was valued at a sum

of Rs.6,00,000/- and therefore the appeal against the order

dismissing application under Order IX Rule 9 of the CPC has to

be filed before the concerned District Court under Section 19 of

the Karnataka Civil Courts Act, 1964.

6. As rightly contended by the learned counsel for the

appellant, any appeal against any order passed by the Court of

the Senior Civil Judge has to be filed before the District Court ,if

the subject matter of the original suit did not exceed

Rs.10,00,000/-. In that view of the matter, the appeal is

returned to the appellant for re-presentation before the District

Court. The appellant shall re-file the appeal before the

appropriate District Court on 03.02.2022.

7. The parties shall appear before the District Court on

09.02.2022.

8. Office is directed to return the appeal memorandum

along with the impugned order after obtaining the authenticated

copy of the appeal memorandum and the impugned order.

Sd/-

JUDGE KGK