Karnataka High Court
Teh Executive Engineer vs Renuka D/O Shivabasappa ... on 21 August, 2023
Bench: Anant Ramanath Byarhj
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NC: 2023:KHC-D:9237
RFA No. 100256 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 100256 OF 2019 (FDP)
BETWEEN:
THE EXECUTIVE ENGINEER
KARNATAKA HOUSING BOARD,
COORDINATING UNIT, GADAG.
REPRESENTED BY THE
ASST.EXECUTIVE ENGINEER,
KHB, BAGALKOT.
...APPELLANT
(BY SRI. SHARMILA M PATIL, ADVOCATE)
AND:
1. RENUKA
D/O SHIVABASAPPA KATTIMANI
AGE: 26 YEARS,
Digitally
signed by
GIRIJA A
GIRIJA A BYAHATTI
BYAHATTI Date:
2. GANGAWWA
2023.08.22
15:14:24 -
0700
D/O SHIVABASAPPA KATTIMANI,
AGE: 22 YEARS,
3. SAKKUBAI
D/O SHIVABASAPPA KATTIMANI,
AGE: 19 YEARS,
4. RAVI
S/O SHIVABASAPPA KATTIMANI,
AGE: 16 YEARS,
RESPONDENT NO.4 IS MINOR
REPRESENTED BY MGM
SHARNAVVA W/O SHIVABASAPPA KATTIMANI
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NC: 2023:KHC-D:9237
RFA No. 100256 of 2019
5. SHARAWWA
W/O SHIVABASAPPA KATTIMANI,
AGE: 53 YEARS,
OCC: AGRICULTURE
R/O: BAGALKOTE,
NOW RESIDING AT NAINEGALI.
6. SHIVABASAPPA
S/O MARIYAPPA KATTIMANI,
AGE: 58 YEARS,
OCC: AGRICULTURE
R/O: BAGALKOTE,
NOW RESIDING AT NAINEGALI.
7. MARIYAPPA
S/O DURGAPPA KATTIMANI
AGE: 91 YEARS, OCC: AGRICULTURE,
8. MUDIYAPPA
S/O MARIYAPPA KATTIMANI
AGE: 55 YEARS, OCC: AGRICULTURE,
HANAMANTH S/O MARIYAPPA KATTIMANI
DECEASED BY HIS LRS
9. ADDAWWA
W/O HANAMANTH KATTIMANI
AGE: 31 YEARS, OCC: HOUSEHOLD WORK,
R/O: BAGALKOTE.
10. AKSHTA D/O HANAMANTH KATTIMANI
AGE: 18 YEARS, OCC: STUDENT,
11. ISHWARYA
D/O HANAMANTH KATTIMANI,
AGE: 16 YEARS, OCC: STUDENT,
12. ANKITA
D/O HANAMANTH KATTIMANI,
AGE: 14 YEARS, OCC: STUDENT,
13. AMBARISH
S/O HANAMANTH KATTIMANI,
AGE: 13 YEARS, OCC: STUDENT
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NC: 2023:KHC-D:9237
RFA No. 100256 of 2019
14. ANNAYA
S/O HANAMANTH KATTIMANI,
AGE: 11 YEARS, OCC: NOT KOWN,
ALL ARE RESIDING AT HALAPETH,
BAGALKOTE.
SINCE SL.NO.11 TO 14 ARE MINORS,
REPRESENTED BY MGM THEIR MOTHER SL.NO.9.
15. BHAGAWWA
D/O SANGANBASAPPA KATTIMANI,
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
16. LAXMI
D/O SANGANBASAPPA KATTIMANI,
AGE: 43 YEARS, OCC: HOUSEHOLD WORK,
17. YALLAPPA
S/O SANGANBASAPPA KATTIMANI,
AGE: 18 YEARS,
18. SUMMAWWA
SANGANBASAPPA KATTIMANI,
AGE: 25 YEARS,
...RESPONDENTS
---
THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING
TO SET ASIDE THE JUDGMENT AND DECREE OF THE PRINCIPAL
CIVIL JUDGE AND CJM BAGALKOT IN FDP NO.13/2010 PASSED
ON 04.07.2019 AND GRANT APPROPRIATE RELIEFS INCLUDING
AN AWARD OF COSTS IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:9237
RFA No. 100256 of 2019
ORDER
It submitted by the learned counsel for the appellant
that that the value of the appeal before the trial Court is
less than Rs.10 lakhs. Hence the appeal does not lie
before this Court.
Appeal is dismissed as withdrawn for want of
pecuniary jurisdiction. Appellant is at liberty to file the
appeal before the jurisdictional District Court.
Learned counsel for the appellants further submits
that the appellant had the benefit of interim order granted
in W.P.No.106525/2010. The interim order was granted
staying the operation and execution of the Final Decree
passed in FDP No.13/2007 on the file of the Principal Civil
Judge (Sr.Dn.), Bagalkote. It is her submission that the
aforementioned stay order granted in the writ petition was
extended till the disposal of this appeal.
NC: 2023:KHC-D:9237
RFA No. 100256 of 2019
Since the appeal is being dismissed for want of
pecuniary jurisdiction, the appellant shall have the benefit
of interim order extended for next two weeks from today.
Sd/-
JUDGE
gab
CT-PA
