Kallichanda N. Muddappa vs P.A. Subbamma
2023 Latest Caselaw 3855 Kant

                                             -1-
                                                     NC: 2023:KHC:22519
                                                       RFA No.1664 of 2019




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 30TH DAY OF JUNE, 2023

                                           BEFORE
                     THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                    REGULAR FIRST APPEAL NO.1664 OF 2019 (DEC/INJ)
                   BETWEEN:

                   KALLICHANDA N. MUDDAPPA
                   S/O LATE K A NANJAPPA,
                   AGED ABOUT 69 YEARS,
                   R/AT SULUGODU BALELE VILLAGE,
                   PONNAMPET NAD,
                   VIRAJPET TALUK,
                   KODAGU DISTRICT-571218
                                                               ...APPELLANT
                   (BY SRI. SACHIN B S., ADVOCATE)

                   AND:

                   P.A. SUBBAMMA
                   D/O LATE PONNAMMA,
Digitally signed   W/O P A AIYAPPA,
by BELUR
RANGADHAMA         AGED ABOUT 75 YEARS,
NANDINI
                   BLOCK NO.20, DECHOOR,
Location: HIGH
COURT OF           MADIKERI TOWN,
KARNATAKA
                   NORTH KODAGU-571252
                                                            ...RESPONDENT
                       THIS RFA IS FILED UNDER SEC.96 OF CPC AGAINST THE
                   JUDGMENT AND DECREE DATED 07.06.2019 PASSED IN
                   OS.NO.110/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE
                   AND   JMFC,  VIRAJPET   DISMISSING   THE   SUIT    FOR
                   DECLARATION AND INJUNCTION.IN TIMECF INSUFFICIENT.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                  -2-
                                        NC: 2023:KHC:22519
                                            RFA No.1664 of 2019




                         JUDGMENT

This appeal is filed challenging the judgment and decree

Dated 07th June, 2019 passed in Original Suit No.110 of 2016

on the file of Senior Civil Judge and JMFC, Virajpet.

The valuation slip filed by the appellant would reveal that

the suit is valued at Rs.10.00 lakh. Hence, this appeal does not

lie before this Court. Accordingly, the appeal is dismissed with

liberty to the appellant to file appeal before the jurisdictional

District Court. Registry to return certified copy of the judgment

and decree to the appellant.

In case the appeal is filed before the jurisdictional Court,

time spent before this Court in this appeal shall be considered

for the purpose of limitation.

Sd/-

JUDGE

LNN