Sri. Hanamanth vs Sri. Laxman
2023 Latest Caselaw 5411 Kant

                                                       -1-
                                                             NC: 2023:KHC-D:8565
                                                              RFA No. 100334 of 2023




                               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                   DATED THIS THE 8TH DAY OF AUGUST, 2023

                                                    BEFORE
                               THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                          REGULAR FIRST APPEAL NO. 100334 OF 2023 (PAR/POS-)
                          BETWEEN:

                          1.    SRI. HANAMANTH
                                @ RAGHAVENDRA S/O VASAPPA TALIKOTI
                                AGE: 48 YEARS, OCC: AGRICULTURE,
                                TQ: BADAMI, DIST: BAGALKOT- 587155.

                          2.    SMT. SANGEETA
                                W/O DATTAPPA GUDUR
                                AGE: 37 YEARS, OCC: HOUSEWIFE,
                                R/O. KITTALI VILLAGE,
                                TQ: BADAMI, DIST: BAGALKOT-587155.

                          3.    SMT. RATNAVVA
                                W/O VASAPPA TALIKOTI
                                AGE: 68 YEARS, OCC: HOUSEHOLD,
                                R/O. KITTALI VILLAGE,
                                TQ: BADAMI, DIST: BAGALKOT-587155.
            Digitally
            signed by
            VIJAYALAXMI
VIJAYALAXMI M BHAT

                                                                       ...APPELLANTS
M BHAT      Date:
            2023.08.10
            10:43:49 -
            0700




                          (BY SRI. P R BENTUR;
                          SRI. SHIVAPRASAD S PATIL, ADVOCATES)

                          AND:

                          1.    SRI. LAXMAN
                                AGE: 34 YEARS, OCC: AGRICULTURE,
                                R/O. KITTALI VILLAGE,
                                TQ: BADAMI, DIST: BAGALKOT-587155.

                          2.    SMT. SUJATA
                                D/O RAMAPPA TALIKOTI
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                                  NC: 2023:KHC-D:8565
                                   RFA No. 100334 of 2023




     AGE: 37 YEARS, OCC: HOUSEHOLD,
     R/O. KITTALI VILLAGE,
     TQ: BADAMI, DIST: BAGALKOT-587155.

3.   SMT. SUVARNA
     W/O RAMAPPA TALIKOTI
     AGE: 67 YEARS, OCC: HOUSEHOLD,
     R/O. KITTALI VILLAGE,
     TQ: BADAMI, DIST: BAGALKOT-587155.

4.   SRI. BASAVANTAPPA
     S/O HANUMANTAPPA MAKASHETTI @TALIKOTI
     AGE: AROUND 50 YEARS, OCC: AGRICULTURE,
     R/O. KITTALI VILLAGE,
     TQ: BADAMI, DIST: BAGALKOT-587155.

5.   SMT. MAMATA @SUJATA
     W/O HANAMESH PANAGANTHE
     AGE: 45 YEARS, OCC: HOUSEHOLD,
     R/O. HALEPETH, NEAR KORAR HOUSE,
     OLD BAGALKOT, BAGALKOT,
     TQ AND DIST: BAGALKOT-587102.

6.   SRI. RAMESH
     S/O RANGANATH KENCHANAGUDD
     AGE: 47 YEARS, OCC: PRIVATE JOB,
     R/O. HALEPETH, NEAR KORAR HOUSE,
     OLD BAGALKOT, BAGALKOT,
     TQ AND DIST. BAGALKOT-587102.

                                          ...RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING
TO SET ASIDE THE JUDGMENT AND DECREE DATED 05.02.2020
PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC,
BADAMI IN O.S.NO.57/2014 AND CONSEQUENTLY DISMISSED
THE SUIT, AND PASS SUCH OTHER RELIEFS AS THIS HONBLE
COURT DEEMS JUST AND PROPER.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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                                       NC: 2023:KHC-D:8565
                                         RFA No. 100334 of 2023




                              JUDGMENT

The office has raised objection relating to the pecuniary

jurisdiction of this Court.

2. This Court has perused the plaint valuation. The

valuation of the suit property is Rs.15,00,000/-. Plaintiffs are

claiming their half share. Thus, the value of the plaintiffs' share

is Rs.7.5 lakh. Under the circumstances, the appeal lies before

the jurisdictional District court. Under these circumstances, the

appeal is not maintainable.

3. The appellants are at liberty to file the appeal before

the jurisdictional District Court. In case the appeal is filed, the

time spent in prosecuting this appeal shall be excluded while

computing limitation.

4. Registry to return certified copy of the impugned

judgment and decree and other papers to the appellants, after

retaining photocopies of the same.

Hence, appeal is dismissed.

Sd/-

JUDGE

VMB