Manjunath Tirakappa Malagi vs Tirakappa Gurusiddhappa Malagi
2023 Latest Caselaw 5899 Kant

                                                   -1-
                                                          NC: 2023:KHC-D:9352
                                                           RFA No. 100654 of 2022




                            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                DATED THIS THE 23RD DAY OF AUGUST, 2023

                                                 BEFORE
                            THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                            REGULAR FIRST APPEAL NO. 100654 OF 2022 (FDP-)
                       BETWEEN:

                       1.    MANJUNATH TIRAKAPPA MALAGI
                             AGED ABOUT 43 YEARS, AGRICULTURE,
                             R/AT: GHANTIKERI ONI,
                             HUBLI-580031.

                       2.    MALLIKARJUN TIRAKAPPA MALAGI
                             AGED ABOUT 39 YEARS, AGRICULTURE,
                             R/AT: GHANTIKERI ONI,
                             HUBLI-580031.
                                                                    ...APPELLANTS

                       (BY SRI. MRUTHYUNJAYA S MATHAPATI, ADVOCATE)

                       AND:

                             TIRAKAPPA GURUSIDDHAPPA MALAGI
                             AGED ABOT 71 YEARS, AGRICULTURE,
                             R/AT: JOLAD ONI, HUBLI-580020.
          Digitally
          signed by
          SAROJA
                                                                   ...RESPONDENT
SAROJA    HANGARAKI
HANGARAKI Date:
          2023.08.26
          10:41:01
          +0530
                            THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING
                       TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN FDP NO.
                       42/2013 DATED 01.09.2022 BY THE PRINCIPAL SENIOR CIVIL
                       JUDGE AT HUBBALLI AND DECREE THE SUIT FILED BY THE
                       PLAINTIFFS BY ALLOWING THIS APPEAL IN THE INTEREST OF
                       JUSTICE AND EQUITY AND REMIT F.D.P. NO. 42/2013 TO COURT
                       OF THE PRINCIPAL SENIOR CIVIL JUDGE AT HUBBALLI FOR
                       FRESH HEARING.

                           THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
                       COURT PASSED THE FOLLOWING:
                                   -2-
                                         NC: 2023:KHC-D:9352
                                              RFA No. 100654 of 2022




                              ORDER

Learned counsel for the appellants submits that the

appeal does not lie before this Court for want of pecuniary

jurisdiction. Accordingly, appeal is dismissed.

Registry to return certified copy of impugned

judgment and decree to the appellants.

In case, an appeal is filed before the jurisdictional

Court, the time spent in prosecuting this appeal i.e. from

05.12.2022 to till this date shall be excluded while

computing the period of limitation.

Sd/-

JUDGE

SH