T M Pooja vs T P Savithramma
2022 Latest Caselaw 819 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 18TH DAY OF JANUARY, 2022

                      BEFORE

        THE HON'BLE MR. JUSTICE M.I.ARUN

            R.F.A. NO.311 OF 2016 (PAR)

BETWEEN:

1.    T M POOJA
      D/O T P MANJUNATHA
      AGED ABOUT 15 YEARS

2.    T M PURVIK
      S/O T P MANJUNATHA
      AGED ABOUT 10 YEARS

3.    T M SWETHA
      W/O T P MANJUNATHA
      AGED ABOUT 37 YEARS

      APPELLANT NOS.1 AND 2 ARE MINORS
      REP. BY THEIR MOTHER NATURAL
      GUARDIAN T.M.SWETHA
      W/O T.P.MANJUNATHA
      AGED ABOUT 37 YEARS

      APPELLANT NOS.1 TO 3 ARE R/AT
      THORENOOR VILLAGE AND POST
      SOMWARPET TALUK
      KODAGU DISTRICT                 ... APPELLANTS

(BY SRI.N.P.KALLESH GOWDA, ADV.)
                            2



AND:

1.     T P SAVITHRAMMA
       W/O T D PARAMESHA
       AGED ABOUT 68 YEARS

2.     T P MANJUNATHA
       S/O T D PARAMESHA
       AGED ABOUT 42 YEARS

3.     T P SANGAMESHA
       S/O T D PARAMESHA
       AGED ABOUT 39 YEARS
       RESPONDENT NOS. 1 TO 3 ARE
       R/AT THORENOOR VILLAGE
       AND POST SOMWARPET TALUK
       KODAGU DISTRICT

4.     T D BASAPPA
       S/O B DEVAIAH
       AGED ABOUT 93 YEARS
       RESIDING AT:GANAGOOR
       VILLAGE AND POST
       SOMWARPET TALUK
       KODAGU DISTRICT

5.     T D SHADASHIVA
       S/O B DEVAIAH
       SINCE DEAD BY HIS LR'S

5(a) BASAMMA
     W/O T.D.SHADASHIVA
     AGED ABOUT 78 YEARS
     R/AT THORENOOR
     VILLAGE AND POST
     SOMWARPET TALUK
     KODAGU DISTRICT
                                3



5(b) T.S.PADMAVATHI
     D/O T.D.SHADASHIVA
     AGED ABOUT 55 YEARS
     R/AT THORENOOR
     VILLAGE AND POST
     SOMWARPET TALUK
     KODAGU DISTRICT

6.   T.D.SHIVANANDA
     S/O B. DEVAIAH
     AGED ABOUT 83 YEARS
     C/O T.S.SHAMBU SHIVA
     CHUDEGOWDA EXTENSION
     OPPOSITE GOWDA SAMAJA
     KUSHALNAGAR, SOMWARPET TALUK
     KODAGU DISTRICT            ... RESPONDENTS

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF THE CODE OF CIVIL PROCEDURE AGAINST
THE    ORDER    DATED    11.12.2015   PASSED   IN
OS.NO.75/2013 ON THE FILE OF THE SENIOR CIVIL
JUDGE,   MADIKERI,  DISMISSING    THE   SUIT  FOR
PARTITION.

    THIS REGULAR FIRST APPEAL COMING ON FOR
ORDERS, THIS DAY, THE COURT THROUGH VIDEO
CONFERENCE DELIVERED THE FOLLOWING:

                       JUDGMENT

Learned counsel for the appellants is present and

submits that the value of the suit is less than

Rs.10,00,000/- and appeal lie before District Court. He

further states that liberty may be reserved for him to

approach District Court in the matter.

2. As the value of the property in dispute is stated

to be less than Rs.10,00,000/-, the appeal is dismissed as

not maintainable. However, liberty is reserved to the

appellant to approach the jurisdictional Court to redress his

grievance.

Sd/-

JUDGE

MH/-