Sri Srinivasa vs Smt K Sarojamma
2022 Latest Caselaw 3873 Kant

                           1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 7TH DAY OF MARCH, 2022

                       BEFORE

 THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

       REGULAR FIRST APPEAL NO.520 OF 2019 (PAR)


BETWEEN:

SRI.SRINIVASA
S/O LATE KRISHNAPPA
AGED ABOUT 77 YEARS
R/AT NO.1086, WARD NO.23
OPP. RAILWAY STATION
CHAMARAJPET
CHIKKABALLAPURA

                                        ...APPELLANT

(BY SRI.SIDDAPPA V.P., ADVOCATE FOR
SRI.MITHUNA G.A., ADVOCATE)

AND

1.     SMT.K.SAROJAMMA
       D/O LATE KRISHNAPPA
       W/O LATE APPAIAH
       AGED ABOUT 71 YEARS
       R/AT NO.18/1, 3RD CROSS
       HEERACHAND LAYOUT
       COX TOWN, JEEVANAHALLI
       BENGALURU - 560 005

2.     SMT.UMADEVI
       D/O LATE KRISHNAPPA
                        2



     W/O SUBRAMANYA C
     AGED ABOUT 62 YEARS
     R/AT NO.170, WARD NO.15
     NANDI ROAD, KANDAVARA BAGILU
     CHIKKABALLAPUR - 562 101

3.   SRI.RAJANNA
     S/O LATE KRISHNAPPA
     AGED ABOUT 67 YEARS
     R/AT NEAR GRAMA PANCHAYATH
     MANCHANABELE VILLAGE
     CHIKKABALLAPUR TALUK
     CHIKKABALLAPUR

4.   SMT.VARALAKSHMAMMA
     D/O LATE KRISHNAPPA
     W/O RAMACHANDRAPPA
     AGED ABOUT 64 YEARS
     R/AT DIGUR, PERESANDRA POST
     CHIKKABALLAPUR TALUK

5.   SMT.RUKMINIYAMMA
     D/O LATE KRISHNAPPA
     W/O LATE RAMADAS
     AGED ABOUT 66 YEARS
     R/AT WARD NO.22, KELAGINA THOTA
     NEAR GOVERNMENT SCHOOL
     CHIKKABALLAPUR TALUK

                                   .....RESPONDENTS

(BY SRI.NANDISH GOWDA G.B., ADVOCATE FOR
C/R.1 & R.2)

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 06.12.2018
PASSED IN O.S.NO.194/2016 ON THE FILE OF THE I
ADDITIONAL   SENIOR   CIVIL JUDGE   AND    JMFC,
                                  3



CHICKBALLAPUR, DECREEING THE SUIT FOR PARTITION
AND SEPARATE POSSESSION.

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

                           JUDGMENT

The office has raised objection with regard to

maintainability of the appeal before this Court.

2. This captioned appeal is arising out of the decree

passed in the partition suit.

3. The plaintiffs are claiming 1/6th share. In a

partition suit, the subject matter always depends upon the

plaintiffs share and not entire extent. Therefore, office

objection raised by the office in regard to maintainability of

the appeal is upheld.

4. Since the plaintiffs 1/6th share comes to

Rs.4,16,666/-, this appeal is not at all maintainable before

this Court in terms of Section 19(1) of the Karnataka Civil

Court Act.

5. Therefore, this appeal is dismissed as not

maintainable reserving liberty to the appellant to prefer an

appeal before the competent Court.

6. This Court would also find that the appeal filed

before this Court is well within time and therefore, in the

event the appellant prefers an appeal within two weeks

from the date of receipt of the copy of this order, the Court

entertaining the appeal under Section 96 of CPC shall

consider and give benefit under Section 14 of the

Limitation Act.

Registry is directed to return the certified copy of the

judgment under challenge after securing photo copy of the

same.

Sd/-

JUDGE

NBM