Smt. Alur Shobha W/O Sri Alur Veera ... vs Mundrigi Sateesh Kumar Reddy
2023 Latest Caselaw 5377 Kant

                                                  -1-
                                                         NC: 2023:KHC-D:8399
                                                          RFA No. 100333 of 2023




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 7TH DAY OF AUGUST, 2023

                                                BEFORE
                           THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                           REGULAR FIRST APPEAL NO. 100333 OF 2023 (PAR-)
                      BETWEEN:

                      1.    SMT. ALUR SHOBHA
                            W/O SRI. ALUR VEERA REDDY,
                            AGE:51 YEARS,
                            OCC:AGRICULTURIST,
                            R/O: SOMESHWARA NILAYA,
                            7TH CROSS LEFT SIDE,
                            KAPPAGAL ROAD,
                            BALLARI-583101.

                      2.    SMT. CHITIMI GEETHA
                            W/O SRI. CHITIMI RANGA REDDY
                            AGED ABOUT 46 YEARS,
                            AGRICULTURIST,
                            R/O: ASHOK NAGAR, SIRUGUPPA ROAD,
                            HAVAMBAVI,
                            NEAR LIC CANAL,
                            BALLARI-583101.
         Digitally                                                 ...APPELLANTS
         signed by
         GIRIJA A
GIRIJA A BYAHATTI
BYAHATTI Date:
         2023.08.08
         16:25:09 -   (BY SRI. RAVI HEGDE AND SRI. VINAYKUMAR BHAT, ADVOCATES)
         0700



                      AND:

                            MUNDRIGI SATEESH KUMAR REDDY
                            S/O LATE SRI. VADDATTI MUNDRIGI BHEEMA REDDY,
                            SINCE DEAD BY LRS,

                      1.    SMT. M.SIJATHA
                            W/O LATE SRI. MUNDRIGI SATEESH KUMAR REDDY,
                            AGED ABOUT 40 YEARS,
                                -2-
                                        NC: 2023:KHC-D:8399
                                         RFA No. 100333 of 2023




2.   GNANESHWARI
     D/O LATE SRI. MUNDRIGI SATEESH KUMAR REDDY
     AGED ABOUT 23 YEARS,

3.   DEEPTI
     D/O LATE SRI MUNDRIGI SATEESH KUMAR REDDY
     AGED ABOUT 22 YEARS,

     ALL ARE R/O: ASHOK NAGAR,
     SIRUGUPPA ROAD,
     HAVAMBHAVI, NEAR LIC CANAL,
     BALLARI-583101.

4.   SMT. K. SHARADHA
     W/O SRI K. SIDDAPPA
     AGED ABOUT 58 YEARS,
     R/O: MATCH FACTORY COMPOND,
     BELAGAL CROSS,
     CANTONMENT,
     BALLARI-583101.

5.   SRI. K. SIDDAPPA
     @ YAMME SIDDAPPA
     S/O LATE K. MARI SWAMAPPA,
     AGED ABOUT 63 YEARS,
     R/O: MATCH FACTORY COMPOND,
     BELAGAL ROAD, CANTONMENT,
     BALLARI-583101.

                                                ...RESPONDENTS
                               ---

      THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908,
AGAINST THE      JUDGMENT AND        DECREE   DATED   17.04.2023
PASSED IN O.S.NO.63/015 ON THE FILE OF THE PRINCIPAL
SENIOR   CIVIL   JUDGE   AND    CHIEF    JUDICIAL   MAGISTRATE,
BALLARI, DISMISSING THE SUIT FILED FOR PARTITION.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
                                         -3-
                                                 NC: 2023:KHC-D:8399
                                                     RFA No. 100333 of 2023




                                JUDGMENT

Since the value of the share of the plaintiff is said to be

Rs.6,25,000/-, the appeal does not lie before this Court.

The appeal is dismissed as not maintainable before this

Court for want of pecuniary jurisdiction. Registry to return the

documents.

Appellant is at liberty to file an appeal before the

jurisdictional Court.

The time spent in prosecuting this appeal be condoned, if

the appeal is filed before the District Court.

In view of disposal of the main appeal, pending I.As., if any,

does not survive for consideration.

Sd/-

JUDGE

gab CT-PA