R.C. Jayadev vs Mohana
2023 Latest Caselaw 5890 Kant

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                                                              NC: 2023:KHC:30089
                                                            RFA No. 1202 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 23RD DAY OF AUGUST, 2023

                                              BEFORE
                               THE HON'BLE MR JUSTICE K.NATARAJAN
                         REGULAR FIRST APPEAL NO. 1202 OF 2022 (POS)

                      BETWEEN:

                      R.C. JAYADEV,
                      S/O LATE M.S. CHANDRASHEKARAIAH,
                      AGED ABOUT 69 YEARS,
                      RESIDING AT NO.17, 2ND MAIN,
                      MOUNT-JOY EXTENSION,
                      HANUMANTHANAGAR,
                      BENGALURU - 560 019.
                                                                    ...APPELLANT
                      (BY SRI. S. RAJASHEKAR, ADVOCATE)

                      AND:

                      MOHANA,
                      S/O SRI. MUNI ACHARI,
                      AGED ABOUT 37 YEARS.

Digitally signed by
                      ALL ARE RESIDING AT IN A PORTION OF
LAKSHMINARAYAN
N
                      PROPERTY BEARING NO.180/180/1A,
Location: HIGH        MELINAJUGGANAHALLI,
COURT OF
KARNATAKA             S.S. GHATI, DODDABALLAPURA TALUK,
                      BENGALURU RURAL DISTRICT - 561 203.
                                                                  ...RESPONDENT
                      (BY SRI. NARAYAN M NAIK, ADVOCATE)

                             THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
                      AGAINST THE JUDGMENT AND DECREE         DATED 24.03.2022
                      PASSED IN OS.NO.424/2013 ON THE FILE OF THE SENIOR
                      CIVIL JUDGE AND JMFC, DODDABALLAPUR, DISMISSING THE
                      SUIT FOR POSSESSION AND INJUNCTION.
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                                            NC: 2023:KHC:30089
                                         RFA No. 1202 of 2022




     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel for the appellant is not present.

2. Office has raised an objection regarding the

maintainability of the appeal as the value of the property

does not exceed Rs.10,00,000/-, as per the valuation slip

filed by the appellant/plaintiff in the Trial Court.

3. Since the impugned judgment is passed by the

Senior Civil Judge, Doddaballapura, the appeal is required

to be filed before the District Judge as the value of the

property does not exceed Rs.10,00,000/-.

Hence, the appeal is dismissed as not maintainable

with the liberty to file the appeal before the District Judge.

The appellant is entitled for the benefit under Section

14 of the Limitation Act.

Office is directed to return the documents to the

learned counsel for the appellant.

NC: 2023:KHC:30089 RFA No. 1202 of 2022

In view of the dismissal of the main appeal,

I.A.No.1/2022, does not survive for consideration.

Sd/-

JUDGE

SMC

CT:SNN