Smt Halamma vs Smt Dyamamma
2023 Latest Caselaw 4821 Kant

                                         -1-
                                                 NC: 2023:KHC:25831
                                                    RFA No. 762 of 2021




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 25TH DAY OF JULY, 2023
                                        BEFORE
                    THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                      REGULAR FIRST APPEAL NO. 762 OF 2021 (PAR)
               BETWEEN:
               SMT HALAMMA
               WIFE OF LATE CHANNABASAPPA
               AGED ABOUT 79 YEARS
               RESIDING AT HARALAKATTE VILLAGE
               UBRANI HOBLI, CHANNAGIRI TALUK
               DAVANAGERE DISTRICT
               PIN CODE-577213
                                                               ...APPELLANT
               (BY SRI. SIDDAMALLAPPA P M., ADVOCATE)
               AND:
               1. SMT DYAMAMMA
                  WIFE OF KUBERAPPA
                  AGED ABOUT 38 YEARS
                  RESIDING AT MADAPURA VILLAGE
                  CHANNAGIRI TALUK
Digitally
signed by
                  DAVANAGERE DISTRICT
VEENA
KUMARI B          PIN CODE-577213
Location:
High Court
of Karnataka
               2.   KUMARA GOKUL
                    SON OF LATE KUBERAPPA
                    AGED ABOUT 5 YEARS
                    MINOR REPRESENTED BY
                    NATURAL GUARDIAN
                    MOTHER FIRST RESPONDENT

               3.   KUMARI POOJA
                    DAUGHTER OF LATE KUBERAPPA
                    AGED ABOUT 3 YEARS
                          -2-
                                NC: 2023:KHC:25831
                                   RFA No. 762 of 2021




     MINOR REPRESENTED BY
     NATURAL GUARDIAN
     MOTHER FIRST RESPONDENT

4.   SMT JAYAMMA
     DAUGHTER OF LATE CHANNABASAPPA
     AGED ABOUT 51 YEARS
     RESIDING AT MADAPURA VILLAGE
     CHANNAGIRI TLAUK
     DAVANAGERE DISTRICT
     PIN CODE-577213

5.   SMT GEETHAMMA
     DAUGHTER OF LATE CHANNABASAPPA
     AGED ABOUT 49 YEARS
     RESIDING AT MADAPURA VILLAGE
     CHANNAGIRI TALUK
     DAVANAGERE DISTIRCT
     PIN CODE-577213

6.   SMT RATHNAMMA
     DAUGHTER OF LATE CHANNABASAPPA
     AGED ABOUT 45 YEARS
     RESIDING AT KANADAPAGATE VILLAGE
     TARIKERE TALUK
     CHIKMAGALORE DISTRICT
     PIN CODE-577228

7.   SMT CHANDRAMMA
     DAUGHTER OF LATE CHANNABASAPPA
     AGED ABOUT 43 YEARS
     RESIDING AT KENGUNTE VILLAGE
     HOLALKERE TALUK
     CHITRADURGA DISTRICT
     PIN CODE-577526
                                  -3-
                                       NC: 2023:KHC:25831
                                           RFA No. 762 of 2021




8.   SMT PUSHPA
     DAUGHTER OF LATE CHANNABASAPPA
     AGED ABOUT 41 YEARS
     RESIDING AT KANCHIGANAHAL VILLAGE
     CHANNAGIRI TALUK
     DAVANAGERE DISTRICT
     PIN CODE-577213
                                                    ...RESPONDENTS
      THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED
20.07.2020 PASSED IN OS.NO.4/2019 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, DISMISSING THE
SUIT FOR PARTITION AND SEPARATE POSSESSION.


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


                             ORDER

Learned counsel for the appellant who is physically

present prays for returning of the memorandum of appeal for

presenting it before the appropriate jurisdictions Court

however, registry has also raised office objections regarding

non-maintainability of the present appeal before the High

Court, in view of lack of pecuniary jurisdiction.

NC: 2023:KHC:25831 RFA No. 762 of 2021

In view of the above, though in the memo appellant has

sought for transmission of the appeal by the Court itself,

however, considering the submission made today, the

memorandum of appeal stands returned to the appellant for its

presentation before the appropriate jurisdictional Court,

however, within two weeks from today.

Sd/-

JUDGE

BVK