Sri. Manjunath S M vs Smt. Akkayamma
2022 Latest Caselaw 9068 Kant

                           -1-



       IN THE HIGH COURT OF KARNATAKA, BENGALURU

          DATED THIS THE 17TH DAY OF JUNE, 2022

                         BEFORE

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

                RFA NO.440/2019(PAR)

BETWEEN:

SRI. MANJUNATH S.M.
S/O LATE CHIKKA MUGAPPA
AGED ABOUT 30 YERS,
R/AT S.N. 30, SADARAMANGALA VILLAGE,
KADUGODI POST
BENGALURU-560 067
                                            ...APPELLANT

(BY SRI. AMARESH.A. ANGADI, ADVOCATE)


AND:

1.     SMT. AKKAYAMMA
       AGED ABOUT 66 YEARS,
       W/O LATE CHIKKA MUGAPPA

2.     SRI VENKATESH S M
       AGED ABOUT 38 YEARS,

       BOTH ARE RESIDING AT NO.157
       1ST CROSS, SADARAMANGALA VILLAGE
       KADUGODI POST
       BENGALURU-560067

3.     SMT VENKATALAKSHMAMMA
       AGED ABOUT 46 YEARS,
       R/AT SUNUVARA VANAKANHALLI
       GRAMA PANCHAYATH, ANEKAL TALUK
       BENGALURU RURAL DISTRICT
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4.   SMT NAGAMMA
     AGED ABOUT 43 YEARS,
     W/O THIMMARAYAPPA
     R/AT SINGASANDRA VILLAGE
     HOSA ROAD, BOMMANAHALLI
     BENGALURU

5.   SRI MUNIVEERAPPA
     AGED ABOUT 57 YEARS,
     S/O LATE VAJRAPPA
     R/AT NO.5TH MAIN
     WILSON GARDEN
     BENGALURU-560 030

6.   SMT VENKATAMMA
     AGED ABOUT 71 YEARS,
     W/O LATE KEMPANNA
     R/AT C/O MARAPPA
     BALLUR VILLAGE, ATTIBELE HOBLI
     ANEKAL TALUK
     BENGALURU URBAN DISTRICT

7.   SMT NARAYANAMMA
     AGED ABOUT 62 YEARS,
     R/AT THIRUPALYA VILLAGE,
     ELECTRONIC CITY POST
     JIGANI HOBLI, ANEKAL TALUK
     BENGALURU URBAN DISTRICT

8.   SRI TALAMANCHI NARASA REDDY
     AGED ABOUT 62 YEARS,
     S/O LAKHMANA REDDY
     R/AT NO.006 16TH MAIN B CORSS
     CAMDEN CASTLE 1ST MAIN
     PAI LAYOUT, BENNINGANAHALLI
     BENALURU -560 016
     BENALURU EAST TALUK

9.   SRI A GOPAL @ GOPAL REDDY
     AGED ABOUT 65 YEARS,
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10.   SRI A SRINIVAS REDDY
      AGED ABOUT 55 YEARS,
      BOTH ARE SONS OF
      LATE CHIKKA ABBAIAH REDDY
      BOTH ARE RESIDING AT NO.438
      MARATHALLI, NEAR CANARA BANK
      BENGALURU-560 037

11.   SMT CHINNAMMA
      AGED ABOUT 75 YEARS,
      W/O LATE RAMAIAH
      R/AT NO.24 4TH CROSS,
      NEAR SRI ATTI MARAMMA DEVASTHANA
      DOMLUR BENGALURU-560 071
                                      ...RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 AND 2 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED 03.11.2018 PASSED IN OS.NO.446/2011 ON THE FILE
OF THE I ADDL.SENIOR CIVIL JUDGE, BANGALORE RURAL
DISTRICT, BANGALORE DISMISSING THE SUIT FOR
DECLARATION, PARTITION AND PERMANENT INJUNCTION.

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

                         JUDGMENT

Learned counsel appearing for the appellant submits

that having regard to the fact that valuation of the suit before

the Court of Senior Civil Judge, Bangalore Rural District,

Bangalore, was shown as Rs.6,00,000/-, appeal would lie

before the District Court, Bangalore Rural District, Bangalore

in terms of Section 19(1) of the Karnataka Civil Courts Act,

1964. Hence, he submits that appellant may be permitted to

withdraw the appeal with liberty to file an appeal before the

District Court by giving the appellant benefit of Section 14 of

the Limitation Act.

2. Submission of the appellant's counsel is placed on

record. Accordingly, appellant is permitted to withdraw the

appeal with liberty to file an appropriate appeal before the

District Court within four (4) weeks from today. If such an

appeal is filed within four (4) weeks from today, appellant

would be entitled to the benefit of Section 14 of the Limitation

Act.

3. Registry is directed to return the papers to the

learned counsel for the appellant forthwith to enable the

appellant to comply with this order.

SD/-

JUDGE

DR