Kodimata And Ajjampurada Shetru ... vs Sri Gurusiddesh A B
2023 Latest Caselaw 1425 Kant

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                                                       RFA No. 1158 of 2022




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 20TH DAY OF FEBRUARY, 2023

                                           BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                          REGULAR FIRST APPEAL NO. 1158 OF 2022
                   BETWEEN:

                   KODIMATA AND AJJAMPURADA SHETRU BAKKAPPA
                   CHARITABLE TRUST (R)
                   REP BY MANAGING TRUSTEE
                   DR SRI SRI SRI SHIVANANDA
                   SHIVAYOGI RAJENDRA MAHASWAMIGALU
                   AGED 71 YEARS
                   MATADIPATHI, SUKSHETRA KODIMATA
                   MAHASANSTHANA, HARANAHALLI
                   ARSIKERE TALUK, HASSAN - 573 122.

                                                               ...APPELLANT

                   (BY SRI. HITESH D., ADVOCATE FOR
                   SRI.SIDDHARTH B MUCHANDI., ADVOCATE)
                   AND:
Digitally signed
by                 SRI GURUSIDDESH A B
DHANALAKSHMI
MURTHY             S/O LATE AJJAMPURA SHETRU BAKKAPPA
Location: High     AGED 52 YEARS
Court of           R/AT HASSAN ROAD CIRCLE
Karnataka
                   ARSIKERE, HASSAN - 573 103.

                                                             ...RESPONDENT

                        THIS RFA IS FILED UNDER SECTION 96 OF         CPC.,
                   AGAINST THE ORDER DATED:03.03.2022 PASSED ON IA. NO.II
                   IN OS.NO.65/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE
                   AND JMFC, ARSIKERE, ALLOWING THE I.A.NO.II FILED UNDER
                   ORDER 7 RULE 11(d) OF CPC FOR REJECTION OF PLAINT.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                    -2-
                                                RFA No. 1158 of 2022




                             JUDGMENT

Office has raised an objection on maintainability of the

appeal. Since the value of the suit does not exceeds

Rs.10,00,000/-, the appeal is not maintainable before this

Court. To that effect, the learned counsel for the appellant has

filed a memo dated 22.02.2023 stating that he may be

permitted to represent the above appeal before the appropriate

legal forum.

Memo is placed on record.

The registry is directed to return the appeal memo and

certified copy of the judgment and decree to the appellant after

retaining the xerox copy of the same.

The appellant is permitted to represent the same before

the appropriate legal forum within two weeks from the date of

return of copies.

For the statistical purpose, the appeal is disposed of.

Sd/-

JUDGE

HA