Karnataka High Court
Sri Shrikanth S/O Shivappa ... vs Smt. Saroja Alias Lalita W/O ... on 6 January, 2023
Bench: Ravi V.Hosmani
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RFA No. 100533 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 6TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V.HOSMANI
REGULAR FIRST APPEAL NO.100533 OF 2022 (PAR/POS-)
BETWEEN:
1. SRI SHRIKANTH S/O SHIVAPPA
BULLAKKANAVR, AGE ABOUT 50 YEARS,
OCC. AGRICULTURE.
2. SRI RAJASHEKAR S/O SHIVAPPA
BULLAKKANAVAR, AGE ABOUT 47 YEARS,
OCC. AGRICUTLURE, BOTH ARE
R/AT SHIGGAON-581205, DIST. HAVERI.
...APPELLANTS
(BY SHRI MRUTYUNJAY TATA BANGI AND
SHRI S.S.YALIGAR, ADVOCATES)
AND:
1. SMT. SAROJA @ LALITA W/O YALLAPPA
SANABIN, AGE ABOUT 40 YEARS,
OCC. AGRICULTURE, R/O AT SHIGGAON,
NOW AT ABALOOR, TQ. HIREKERUR,
DIST. HAVERI-581111.
2. SRI SHEKHAPPA S/O YALLAPPA SUNAGAR
AGE ABOUT 38 YEARS, OCC. AGRICUTLURE
R/AT. SUNAGAR ONI, SHIGGAON,
C/O PARASAPPA JADAR, BEHIND KANNADA
SCHOOL, SALAGAON, TQ. MUNDGOD-581349,
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RFA No. 100533 of 2022
DIST. KARWAR.
3. SRI FAKKIRAPPA S/O TIRAKAPPA SUNAGAR
AGE ABOUT 54 YEARS, OCC. AGRICULTURE
4. SRI MANJUNATH S/O TIRAKAPPA SUNAGAR
AGE ABOUT 32 YEARS, OCC. AGRICULTURE
5. SMT. YALLAVVA W/O MAHADEVAPPA SUNAGAR
AGE ABOUT 58 YEARS, OCC. AGRICULTURE
RESPONDENT NO. 3 TO 5, R/AT SUNAGAR ONI,
SHIGGAON, TQ. SHIGGAON, DIST. HAVERI.
6. SMT MANJAVVA W/O BASAVARAJ RITTI
AGE ABOUT 32 YEARS, OCC. AGRICULTURE
R/AT MALLUR, TQ. BYADAGI, DIST. HAVERI.
7. SRI YALLAPPA S/O MADEVAPPA SUNAGAR
AGE ABOUT 24 YEARS, OCC. AGRICUTLURE
R/AT SUNGAR ONI, SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI.
...RESPONDENTS
(BY SHRI K.H.BAGI, ADVOCATE C/R1)
***
THIS RFA FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 01.09.2022 PASSED IN
O.S.NO.15/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JUDICIAL MAGISTRATE FIRST CLASS, SHIGGAON,
DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION AND DECLARATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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RFA No. 100533 of 2022
ORDER
Above Matter is listed for orders regarding office
objection at Sl.No.9 which is about jurisdiction and
valuation of suit.
2. Shri Mrutyunjay Tata Bangi, learned counsel for
appellant submits that as per decree, valuation of suit is
Rs.14,90,000/- and even valuation of suit relief by plaintiff
is Rs.14,90,000/-. Therefore, appeal would be
maintainable before this Court.
3. But on perusal of plaint, it is seen that plaintiff
is seeking for ½ share in 'A' and 'B' schedule properties.
Plaintiff has given separate valuation of market value of 'A'
schedule property at Rs.10,00,000/- and 'B' schedule
property at Rs.4,90,000/-. Therefore, valuation of suit
relief would be ½ of 'A' and 'B' schedule properties, which
would be less than Rs.10,00,000/-. Hence, Regular First
Appeal before this Court would not be maintainable.
RFA No. 100533 of 2022
4. Therefore, Registry is directed to return
memorandum of appeal for representation before District
Court, Haveri on or before 06.02.2023 by retaining
Photostat copy for record.
5. Regular first appeal is to be treated as
dismissed as not maintainable for statistical purposes.
SD/-
JUDGE
AM
