Smt Chinnamma vs Sri Chikka Appaiah Reddy
2022 Latest Caselaw 10514 Kant

                            1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 7TH DAY OF JULY, 2022

                        BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

           R.F.A.NO.1200 OF 2022(DEC/PAR)

BETWEEN

SMT. CHINNAMMA
W/O NARASIMHA REDDY
AGED ABOUT 66 YEARS
RESIDING AT KUNDALAHALLI VILLAGE
BANGALORE
                                          ...APPELLANT

(BY SRI. R.A. CHANDRASHEKARA REDDY, ADVOCATE)

AND

1.     SRI. CHIKKA APPAIAH REDDY
       SINCE DEAD BY HIS LRS

2.     SRI. RAMI REDDY
       SINCE DEAD BY HIS LRS

2(a). PUTTMMA
      W/O RAMI REDDY
      AGED ABOUT 63 YEARS

2(b). VIDYA
      D/O RAMIREDDY
      AGED ABOUT 33 YEARS

2(c). SANDHYA
      D/O RAMI REDDY
      AGED ABOUT 35 YEARS

2(d). ROOPA
      D/O RAMI REDDY
                            2

     AGED ABOUT 33 YEARS
     RESPONDENT NOS.2(a) TO 2(d)
     ARE RESIDING AT NO.99
     6TH CROSS, R K LAYOUT
     BOMMASANDRA (POST)
     BANGALORE 560099

3.   SRI. MUNISWAMY REDDY
     S/O CHIKKAPPAIAH REDDY
     AGED ABOUT 68 YEARS

4.   SRI. MUNIRAJA REDDY
     S/O SRI. CHIKKAPPAIAH REDDY
     AGED ABOUT 54 YEARS

5.   SRI. UMESH REDDY
     S/O CHIKKAPPAIAH REDDY
     AGED ABOUT 50 YEARS

6.   SRI. NAGARAJA REDDY
     S/O CHIKKA APPAIAH REDDY
     AGED ABOUT 47 YEARS
     RESPONDENT NOS.3 TO 6
     ARE RESIDING AT ADDVISHWANATHAPURA
     ARAKERE POST
     BANGLAORE NORTH TALUK

7.   SMT. PRAMEELAMMA
     W/O SRINIVAS REDDY
     AGED ABOUT 57 YEARS
     R/AT SANGEPALLI
     DANAKANI KOTE TALUK
     KRISHNAGIRI DIST
     TAMILNADU

8.   SMT. RATHNAMMA
     W/O RAMA REDDY
     AGED ABOUT 58 YEARS
     R/AT RAJANUKUNTE VILLAGE
     BANGALORE NORTH TALUK

9.   SMT. SARVAMMA
     W/O SHANKARLINGE GOWDA
     AGED ABOUT 57 YEARS
     R/AT NO. 54, 4TH CROSS
                              3

      LAYOUT BEHIND TENT
      VIJAYANAGAR II STAGE
      BANGALORE 560040

10.   SMT.MUNINANJAMMA
      W/O MUNIYAPPA
      AGED ABOUT 67 YEARS
      RESIDING AT NO.379/3
      NARAYANAMMA GARDEN
      KONEN AGRAHARA HAL
      BANGALORE
                                         ...RESPONDENTS


     THIS APPEAL IS FILED UNDER SECTION 96 R/W ORDER
41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 16.01.2018 PASSED IN OS No.1092/2009 ON THE FILE
OF THE PRL. SENIOR CIVIL JUDGE, BANGALORE RURAL
DISTRICT, BANGALORE, PARTLY DECREEING THE SUIT FOR
DECLARATION AND PARTITION.


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



                     JUDGMENT

Learned counsel for the appellant seeks leave of

this Court reserving liberty in favour of the appellant

to file an appropriate appeal before the jurisdictional

district Court, since the value of the subject matter of

the appeal is less than Rs.10 lakhs as provided under

Section 19(1) of the Karnataka Civil Courts Act.

2. Submission is placed on record.

3. Accordingly, appeal is dismissed as

withdrawn reserving liberty in favour of the appellant

to prefer an appropriate appeal before the

jurisdictional district Court.

4. If such an appeal is filed within a period of

six weeks from today, appellant would be entitled to

benefit of Section 14 of Limitation Act.

5. Registry is directed to return all the appeal

papers to the appellant forthwith, so as to enable the

appellant to file an appropriate appeal as stated supra.

Sd/-

JUDGE

SKS