Karnataka High Court
Rukmini vs Ramabhayi on 14 August, 2023
Bench: Anant Ramanath Byarhj
-1-
NC: 2023:KHC-D:8876
RFA No. 100332 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 100332 OF 2023 (PAR/POS-)
BETWEEN:
RUKMINI
D/O LACHCHAPPA LAMANI,
RUKMINI W/O RAMANAYAK,
AGE: 56 YEARS, OCC: HOMEMAKER,
R/O: MUCHAKHANDI TANDA,
TQ AND DIST: BAGALKOT.
PRESENTLY AT SAMPIGE NAGAR,
DHARWAD- 580001.
...APPELLANT
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND:
RAMABHAYI
W/O LACHCHAPPA LAMANI
SINCE DECEASED REPRESENTED BY LRS.
Digitally
signed by
SAROJA
SAROJA HANGARAKI
HANGARAKI Date:
2023.08.18 1. PARVATI
12:36:29 -
0700
D/O LACHCHAPPA LAMANI,
@GEETA W/O KRISHNA NAYAK,
AGE: 46 YEARS, OCC: HOMEMAKER,
R/O: MUCHAKHANDI TANDA,
TQ AND DIST: BAGALKOT.
NOW AT: 1ST FLOOR, KESHAV V MALAGI,
MANE BUILDING,
BEHIND BASAVESHWARA PHARMACY COLLEGE,
NANDISHWAR NAGAR, KALASAPUR ROAD,
GADAG-582103.
2. KAMALAXI
D/O LACHCHAPPA LAMANI
-2-
NC: 2023:KHC-D:8876
RFA No. 100332 of 2023
@KAMALAXI T. NAYAK,
AGE: 61 YEARS, OCC: HOMEMAKER,
R/O: MUCHAKHANDI TANDA-587111,
NOW AT: ASHIHAL THANDA,
POST: ASHIHAL, TAL: LINGASUR,
DIST: RAICHUR.
3. SULOCHANA
D/O LACHCHAPPA LAMANI,
AGE: 60 YEARS, OCC: HOMEMAKER,
R/O: MUCHAKHANDI TANDA-587111,
NOW AT: NEAR OLD EMPLOYMENT OFFICE,
KARIHALLA, BAGALKOT-587101.
4. MEENAXI
D/O LACHCHAPPA LAMANI,
@MEENAXI W/O SHANKAR NAYAK,
AGE: 59 YEARS, OCC: HOMEMAKER,
R/O: MUCHAKHANDI TANDA,
NOW AT: GOUND FLOOR, SAI APARTMENT,
NEAR AKASHWANI QUARTERS, DHARWAD.
5. MADHAVI
D/O LACHCHAPPA LAMANI,
@MADHAVI W/O DHARMARAJ RATHOD,
AGE: 55 YEARS, OCC: CULTIVATION,
R/O: MUCHAKHANDI TANDA,
NOW AT: PRUTHVI-PLOT NO.2,
SECTOR 98, UNIT 2, NEAR TOYOTA SHOWROOM,
HUBBALLI BYPASS ROAD, NAVANAGAR,
BAGALKOT-587102.
6. MUTTAPPA
S/O LACHCHAPPA LAMANI,
AGE: 58 YEARS, OCC: CULTIVATION,
R/O: NEAR OLD EMPLOYMENT OFFICE,
BAGALKOT-587101.
NOW AT: F1, FIRST FLOOR,
SULOCHANA B. RATHOD HOUSE,
POOJA APARTMENT,
NEAR HEAD POST OFFICE, DHARWAD.
7. MEGHARAJ
S/O LACHCHAPPA LAMANI,
-3-
NC: 2023:KHC-D:8876
RFA No. 100332 of 2023
AGE: 57 YEARS, OCC: CULTIVATION,
R/O: NEAR OLD EMPLOYMENT OFFICE,
BAGALKOT-587101.
8. THE SPECIAL LAND ACQUISITION OFFICER
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT-587101,
TQ AND DIST: BAGALKOT.
9. THE MANAGER
SHREE BASAVESHWAR SAHAKARI BANK LTD.,
BAGALKOT BASAVESHWAR BANK CIRCLE,
SECTOR NO.25, NAVANAGAR,
BAGALKOT, TQ AND DIST: BAGALKOT-587101.
...RESPONDENTS
THIS RFA FILED UNDER SECTION 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 28.03.2023 PASSED IN
O.S.NO.94/2017 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
BAGALKOT, DECREEING THE SUIT FILED FOR PARTITION AND
SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT PASSED THE FOLLOWING:
ORDER
This appeal is filed challenging the judgment and
decree passed in O.S.No.94/2017 on the file of I Additional
Senior Civil Judge, Bagalkot. The suit was one for
partition. The plaintiff claimed 1/9th share in the suit
schedule properties. The properties are valued at Rs.90
NC: 2023:KHC-D:8876
RFA No. 100332 of 2023
lakhs. The value of the plaintiff's share would come to Rs.9
lakhs. Hence, appeal does not lie before this Court.
Accordingly, the appeal is dismissed for want of
pecuniary jurisdiction.
Appellant is at liberty to file an appeal before the
jurisdictional District Court. If such an appeal is filed
before the District Court, the time spent in prosecuting
this appeal shall be excluded in computing the period of
limitation.
Registry to return the certified copies of impugned
judgment and decree with a certified copy of this order.
Sd/-
JUDGE
SH
