Smt Bagirathi R Nayak vs Shrinivasa Nayak
2022 Latest Caselaw 12850 Kant

                                                    -1-
                                                               RFA No. 923 of 2021




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 4TH DAY OF NOVEMBER, 2022
                                               BEFORE
                            THE HON'BLE MR JUSTICE RAVI V HOSMANI
                         REGULAR FIRST APPEAL NO. 923 OF 2021 (PAR/INJ)

                   BETWEEN:

                          SMT. BAGIRATHI R. NAYAK
                          (SINCE DECEASED)
                   1.     DAYANANDA NAYAK,
                          (SINCE TRANSPOSED AS PLAINTIFF NO.2)
                          AGED ABOUT: 67 YEARS,
                          S/O LATE RAMAKRISHNA NAYAK
                          AND LATE SMT. BHAGIRATHI R. NAYAK,
                          R/AT: KELA PARKALA OF HERGA VILLAGE,
                          PARKALA POST, UDUPI TLAUK-576 107.

                                                                       ...APPELLANT

                   (BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE)

                   AND:

                   1.     SHRINIVASA NAYAK
                          AGED ABOUT 67 YEARS,
                          S/O LATE RAMAKRISHNA NAYAK
                          AND LATE SMT. BHAGIRATHI R. NAYAK,
Digitally signed by
GURURAJ D
Location: High      2.    SMT. JAYANTHI @ VINUTHA D. NAYAK
Court Of Karnataka        AGED ABOUT 60 YEARS,
                          D/O LATE RAMAKRISHNA NAYAK,
                          AND LATE SMT. BHAGIRATHI R. NAYAK,

                   3.     SADANANDA NAYAK
                          AGED ABOUT 58 YEARS,
                          S/O LATE RAMAKRISHNA NAYAK,
                          AND LATE SMT. BHAGIRATHI R. NAYAK,


                   4.     SMT. MALATHI DEVI @ UMA C. NAYAK
                          AGED ABOUT 56 YEARS,
                                 -2-
                                             RFA No. 923 of 2021




     D/O LATE RAMAKRISHNA NAYAK,
     AND LATE SMT. BHAGIRATHI R. NAYAK,


5.   ARUN KUMAR
     AGED ABOUT 33 YEARS,
     S/O LATE RATHNAVATHI @
     VIJAYALASKHMI NAYAK,

6.   AJAY KIRAN A. NAYAK
     AGED ABOUT 30 YEARS,
     S/O LATE RATHNAVATHI @
     VIJAYALASKHMI NAYAK,

7.   SMT. CHANDRIKA RAO H.
     AGED ABOUT 58 YEARS,
     W/O SHRINIVASA NAYAK,
     R/AT D.NO.7-44A, KELA
     PARKALA OF HERGA VILLAGE,
     PARKALA POST,
     UDUPI TALUK-576 107.

8.   ANANATHAKRISHNA NAYAK
     AGED ABOUT 58 YEARS,
     S/O LATE NARAYANA NAYAK,
     R/AT: 'SUPRASANNA',
     OPP: 19TH CROSS,
     TELLAR ROAD,
     KARAKALA TOWN,
     KARKALA TALUK,
     UDUPI DISTRICT-576 117.

                                                   ...RESPONDENTS

      THIS RFA FILED UNDER SECTION 96 OF CPC AGAINST THE
JUDGMENT     AND   DECREE     DATED   20.04.2021   PASSED   IN   OS
No.09/2009 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL
JUDGE AND     JMFC,   UDUPI    (C/c) DISMISSING    THE SUIT      FOR
PARTITION,    DECLARATION,       SEPARATE     POSSESSION         AND
PERMANENT INJUNCTION.
                                 -3-
                                                 RFA No. 923 of 2021




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


                              ORDER

Challenging impugned judgment and decree dated

20.04.2021 II Additional Senior Civil Judge and JMFC, Udupi in

O.S.No.09/2009, this appeal preferred by plaintiff no.2.

Sri. G.B.Balakrishna Shastri, learned counsel for appellants

submits that as stated in valuation paragraph that value of

plaintiff's 1/7th share in suit properties is Rs.5,08,573/-, which

is less than Rs.10,00,000/-. Hence, appeal before High Court

would not be maintainable. Same requires to be filed before

District Court, Mangalore.

2. Therefore, appeal papers may be returned for

representation before appropriate Court.

3. Registry is directed to return appeal papers along

with certified copies by retaining photocopy of same for record

purpose.

RFA No. 923 of 2021

4. Appellant to re-present same before District Court,

Mangalore on or before 05.12.2022.

For statistical purpose, appeal is treated as disposed of.

Sd/-

JUDGE JY