Sri A Dayanandagupta vs Sri Chindanuru Kristappa
2023 Latest Caselaw 4091 Kant

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                                                NC: 2023:KHC:23351
                                                   RFA No. 1698 of 2022




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 6TH DAY OF JULY, 2023
                                          BEFORE
                    THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                        REGULAR FIRST APPEAL NO. 1698 OF 2022
               BETWEEN:
               SRI A DAYANANDAGUPTA
               S/O SRI. A. SUBBARAYAPPA
               AGED ABOUT 68 YEARS
               R A/T CHALLAKERE 577522
                                                               ...APPELLANT
               (BY SRI. V B SHIVA KUMAR., ADVOCATE)
               AND:
               1. SRI CHINDANURU KRISTAPPA
                  S/O CHAYAPPA
                  AGED ABOUT 79 YEARS
                  R/AT KATAMDEVARAKOTE
                  CHALLAKERE 577522

                    B. VENKATARATNAM
                    SINCE DECEASED BY HIS LRS
Digitally
signed by
VEENA          2.   SMT. SHAKUNTALAMMA
KUMARI B
Location:           W/O LATE VENKATARATNAM
High Court
of Karnataka        AGED ABOUT 56 YEARS
                    R/AT SRI. MARUTHI NILAYA
                    BELLARY ROAD, 2ND CROSS
                    CHALLAKERE 577522

               3.   SMT. B.V. SUJATHA
                    W/O B.R. RAMESH
                    AGED ABOUT 37 YEARS
                    R/AT SUBRAMANYANA TEMPLE STREET
                    VINOBANAGARA TUMKUR 572101
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                                 NC: 2023:KHC:23351
                                   RFA No. 1698 of 2022




4.   SRI. B.V. MARUTHI
     S/O LATE VENKATARATNAM
     AGED ABOUT 37 YEARS
     R/AT SRI MARUTHI NILAYA
     BELLARY ROAD, 2ND CROSS
     CHALLAKER-577522

5.   SMT. B. RAJESHWARI
     D/O LATE B. VENKATARATNAM
     AGED ABOUT 35 YEARS
     R/AT SRI. MARUTHI NILAYA
     BELLARY ROAD, 2ND CROS
     CHALLAKERE-577522

6.   SRI. CHANDRASHEKARAIAH
     S/O A. SUBBARAYAPPA
     AGED ABOUT 53 YEARS
     RA/T CHALLAKERE- 577522

7.   M/S DAYANANDA TRADERS
     COMMISSION AGENTS
     CHALLAKERE-577522

8.   THE REGULATED MARKET COMMITTEE
     CHALLAKERE 577522
     REPRESENTED BY ITS
     SECRETARY

                                            ...RESPONDENTS
     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND
DECREE DATED 29.08.2022 PASSED IN OS No.17/2011 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHALLAKERE,
DISMISSING THE SUIT FOR DECLARATION.
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                                      NC: 2023:KHC:23351
                                         RFA No. 1698 of 2022




     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY,
THE COURT MADE THE FOLLOWING:

                              ORDER

On 12.06.2023 the learned counsel appearing for the

appellant had prayed for time by ten days stating that he

would make necessary application for transmitting this appeal

to the concerned District Court. However, no such application

has been made.

2. Registry has also raised office objections regarding

maintainability of the appeal in view of Section 19(1) of

Karnataka Civil Court Act. The registry has noticed that the

value of the appeal does not exceed `10.00 lakhs.

In that view of the matter, the appeal stands returned

to the appellant for its presentation in the appropriate Court

within three weeks from today.

Sd/-

JUDGE