Karnataka High Court
Smt Narayanamma vs Sri Krishnappa on 7 August, 2023
Bench: K.Natarajan
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NC: 2023:KHC:27724
RFA No. 603 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
REGULAR FIRST APPEAL NO. 603 OF 2023
Between:
1. Smt. Narayanamma
D/o. Krishnappa,
Aged about 61 years,
R/at Savakanahalli Village,
Kasaba Hobli, Devanahalli Taluk,
Bengaluru Rural District-562110.
2. Smt. Bhagyamma
D/o. Krishnappa,
Aged about 59 years,
R/at Holegerepura Village,
Jadigenahalli Hobli, Hosakote Taluk,
Bengalurue Rural District-562114.
Digitally
signed by C
K LATHA 3. Smt. Pushpa
Location:
HIGH
D/o. Krishnappa,
COURT OF Aged about 56 years,
KARNATAKA
R/at Ilthore Village,
Kundana Hobli, Devanahalli Taluk,
Bengaluru Rural District-562110.
4. Smt. Nagarathnamma
D/o. Krishnappa,
Aged about 44 years,
R/at Dharamapura Village,
Vijayapura Hobli, Devanahalli Taluk,
Bengaluru Rural District-562110
...Appellants
(By Sri. Lokesh S.G., Advocate)
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NC: 2023:KHC:27724
RFA No. 603 of 2023
And:
1. Sri. Krishnappa
S/o. Late Venkatappa,
Aged about 91 years,
2. Sri. Munegowda
S/o. Krishnappa,
Aged about 41 years,
3. Sri. Rajanna
S/o. Krishnappa,
Aged about 54 years,
Respondent Nos.1 to 3 are
R/at Ilthore Village,
Kundana Hobli, Devanahalli Taluk,
Bengaluru Rural District-562110.
4. Sri. K.R.Chethan Kumar
S/o. N.Ramesh,
Aged about 41 years,
5. Sri. K.R.Deepak Kumar
S/o. N.Ramesh,
Aged about 37 years,
Resondent Nos.4 and 5 are
R/at Kannamangala Village,
Kasaba Hobli, Devanahalli Taluk,
Bengaluru Rural District-562110
6. Smt. Ambuja
W/o. Krishnappa,
Aged about 43 years,
R/at Ilthore Village,
Kundana Hobli, Devanahalli Taluk,
Bengaluru Rural District-562110
7. Smt. Amrutha
W/o. Pillegowda,
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NC: 2023:KHC:27724
RFA No. 603 of 2023
Aged about 31 years,
R/at Sathyavara Village,
Hosakote Taluk,
Bengaluru Rural District-562114.
8. Sri. Arunkumar R.,
S/o. Rajanna,
Aged about 30 years,
R/at Ilthore Village,
Kundana Hobli, Devanahalli Taluk,
Bengaluru Rural District-562110
9. Sri. B.Munegowda
S/o. Byregowda,
Aged about 66 years,
R/at Kannamangalapalya Village,
Kasaba Hobli, Devanahalli Taluk,
Bengaluru Rural District-562110.
...Respondents
This RFA is filed under Section 96 r/w Order 41 Rule 1 of
CPC against the judgment and decree dated 17.12.2022 passed
in O.S. No.462/2017 on the file of the III Additional Senior Civil
Judge and JMFC.,Devanahalli and c/c. Of II Additional Senior
Civil Judge and JMFC., Devanahalli, dismissing the suit for
partition and separate possession.
This RFA, coming on for orders, this day, the court
delivered the following:
JUDGMENT
Office has raised objection regarding maintainability
of the appeal in view of the pecuniary jurisdiction does not
exceed Rs.10,00,000/-. At this stage, learned counsel for
the appellants submits that he may be permitted to
NC: 2023:KHC:27724
RFA No. 603 of 2023
withdraw the appeal with liberty to file the same before
the District Judge.
2. Submission of the learned counsel for the
appellants is placed on record.
3. Appeal is dismissed as withdrawn, with liberty to
the appellants to file the same before the District Judge.
Appellants are also entitled for the relief under section 14
of the Limitation Act.
Office to return the original documents to the
appellants.
Sd/-
JUDGE
CKL
