Karnataka High Court
Shri Samarth Anna Alias Annaso vs Mangal D/O Anna Alias Annaso on 3 August, 2023
Bench: Anant Ramanath Byarhj
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NC: 2023:KHC-D:8268
RFA No. 100393 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 100393 OF 2022(PAR/POS)
BETWEEN:
1. SHRI. SAMARTH, ANNA @ ANNASO
@ ANNASAHEB JADHAV
AGED ABOUT 30 YEARS,
OCC: AGRICULTURE,
R/O. MALIKWAD,
TQ: CHIKKODI,
DIST: BELAGAVI-591244.
2. SRI. SANKET ANNA @ ANNASO
@ ANNASAHEB JADHAV
AGED ABOUT 28 YEARS,
OCC: SERVICE,
R/O. MALIKWAD,
TQ: CHIKKODI,
DIST: BELAGAVI-591244.
Digitally
3. SHOBHA @ ANNASO
signed by
GIRIJA A @ ANNASAHEB JADHAV
GIRIJA A BYAHATTI
BYAHATTI Date:
2023.08.07 AGED ABOUT 53 YEARS,
10:49:14 -
0700 OCC: HOUSEWIFE,
R/O. MALIKWAD,
TQ: CHIKKODI,
DIST: BELAGAVI-591244.
4. SMT. MALUBAI ANNA @ ANNASO
@ ANNASAHEB JADHAV
AGED ABOUT 53 YEARS,
OCC: AGRICULTURE,
R/O. MALIKWAD,
TQ: CHIKKODI,
DIST: BELAGAVI-591244.
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NC: 2023:KHC-D:8268
RFA No. 100393 of 2022
...APPELLANTS
(BY SRI. MADANGOUDA N PATIL, ADVOCATE)
AND:
1. MANGAL
D/O ANNA @ ANNASO
@ ANNA SAHEB JADHAV
W/O RAMA JADHAV
AGED ABOUT 41 YEARS,
OCC: AGRICULTURE,
R/O: CHINCHALI,
TQ: RAIBAG,
DIST: BELAGAVI-591217.
2. SHRI. KOUSIK NOGOJI JADHAV
AGED ABOUT 31 YEARS,
OCC: AGRICULTURE,
R/O: MALIKWAD,
TQ: CHIKKODI,
DIST: BELAGAVI-591244.
3. SHRI. BABASAHEB
@ BABASO BALU JADHAV
AGED ABOUT 63 YEARS,
OCC: AGRICULTURE,
R/O: MALIKWAD,
TQ: CHIKKODI,
DIST: BELAGAVI-591244.
4. SHRI. NAMDEV BALU JADHAV
AGED ABOUT 58 YEARS,
OCC: AGRICULTURE AND EX-SERVICE MAN,
R/O: MALIKWAD,
TQ: CHIKKODI,
DIST: BELAGAVI-591244.
5. SHRI. KRISHNA BALU JADHAV
AGED ABOUT 56 YEARS,
OCC: AGRICULTURE AND EX.SERVICE MAN,
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NC: 2023:KHC-D:8268
RFA No. 100393 of 2022
R/O: MALIKWAD,
TQ: CHIKKODI,
DIST: BELAGAVI-591244
...RESPONDENTS
(BY SRI. CHETAN MUNNOLI, ADVOCATE FOR R1;
R3, R4 AND R5-NOTICE SERVED)
THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER XLI RULE 1 OF CPC PRAYING AGAINST THE JUDGMENT
AND DECREE IN O.S.NO.86/2019 DATED 11.02.2021 PASSED
BY THE HON'BLE PRINCIPAL SENIOR CIVIL JUDGE CHIKKODI
AND FURTHER THE DIRECTION MAY KINDLY BE ISSUED TO
REMAND THE MATTER TO COURT BELOW AND CONSIDERING
THE MATTERIN FRESH AND TO PASS SUCH OTHER RELIEFS AS
DEEMS FIT BY THIS HON'BLE COURT AS REQUIRED UNDER
THE CIRCUMSTANCES IN THE INTERES OF JUSTICE AND
EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:8268
RFA No. 100393 of 2022
ORDER
The value of the plaintiff's share before the trial
Court is less than 10.00 lakh. Under the circumstances,
the appeal does not lie before this Court.
2. The appellant is at liberty to file the appeal before
the jurisdictional District Court. In case appeal is filed, the
time spent in prosecuting this appeal shall be excluded
while computing limitation.
3. Registry to return appeal papers, certified copy of
the impugned judgment and decree and other papers to
the appellant, after retaining photocopies of the same.
Hence, appeal is dismissed.
Sd/-
JUDGE
VMB
