Karnataka High Court
Ningappa vs Venkatappa on 5 October, 2023
Bench: K.Natarajan
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NC: 2023:KHC:36214
RFA No. 573 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
REGULAR FIRST APPEAL NO. 573 OF 2023 (PAR)
BETWEEN:
NINGAPPA,
S/O RANGEGOWDA,
AGE 59 YEARS,
ADDRESS CHIKKAKONDAGULA VILLAGE,
HASSAN TALUK,
HASSAN 573 201.
...APPELLANT
(BY SRI. MUDDURAJ C., ADVOCATE)
AND:
1. VENKATAPPA,
AGED ABOUT 55 YEARS,
S/O RANGEGOWDA,
Digitally signed CHIKKAKONDAGULA VILLAGE,
by REKHA
ANKAIAH
HASSAN TALUK,
Location: HIGH
COURT OF
KARNATAKA
HASSAN 573 201.
2. RAJMUDIGOWDA,
S/O RANGEGOWDA,
AGED 53 YEARS,
NEAR JAYASHREE KALYANA MANTAPA,
V.I.S.L PARK CIRCLE,
NEW TOWN,
BHADRAVATHI 577 301.
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RFA No. 573 of 2023
3. THIMMEGOWDA,
S/O RANGEGOWDA,
AGED ABOUT 53 YEARS,
CHIKKAKONDAGULA VILLAGE,
HASSAN TALUK,
HASSAN 573 201.
4. GUNDAPPA @ GUNDEGOWDA,
S/O RANGEGOWDA,
AGED ABOUT 47 YEARS,
LALITHAMMA VATARA,
3RD MAIN, 3RD CROSS,
SRIDEVI KRUPA,
HASSAN 573 201.
5. BETTEGOWDA,
S/O RANGEGOWDA,
AGED ABOUT 45 YEARS,
LIG 173, SADGURU SADANANDA NILAYA,
2ND MAIN ROAD,
KUVEMPUNAGARA,
HASSAN 573 201.
6. CHANDRASHEKARA,
S/O NINGAPPA,
AGED ABOUT 35 YEARS,
CHIKKAKONDAGULA VILLAGE,
HASSAN TALUK,
HASSAN 573 201.
7. D K LAKSHMEGOWDA,
S/O KRISHNEGOWDA,
AGED ABOUT 55 YEARS,
DASARAKOPPALU VILLAGE,
KASABA HOBLI, HASSAN TALUK,
HASSAN 573 201.
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RFA No. 573 of 2023
8. D K NARAYANAGOWDA,
S/O KRISHNEGOWDA,
AGED ABOUT 50 YEARS,
DASARAKOPPALU VILLAGE,
KASABA HOBLI,
HASSAN TALUK,
HASSAN 573 201.
9. D N THEJAS,
S/O NARAYANAGOWDA,
AGED ABOUT 25 YEARS,
DASARAKOPPALU VILLAGE,
KASABA HOBLI, HASSAN TALUK,
HASSAN 573 201.
10. K C KESHAVAMURTHY,
S/O PUTTEGOWDA,
BANGALORE BAKERY,
HULIYUR B H ROAD,
CHIKKANAYAKANAHALLI TALUK,
TUMKUR DIST 572 218.
11. H K RAMESH,
S/O KRISHNEGOWDA,
BANGALORE BAKERY HULIYUR,
B H ROAD, CHIKKANAYAKANAHALLI TALUK,
TUMKUR DIST 572 218.
12. LAKSHMAMMA @ AMMAYAMMA,
AGED ABOUT 62 YEARS,
UDDURALLY VILLAGE,
DUDDA HOBLI, HASSAN TALUK,
HASSAN 573 118.
...RESPONDENTS
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RFA No. 573 of 2023
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 11.08.2021
PASSED IN O.S.NO.168/2015 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC HASSAN, PARTLY
DECREEING THE SUIT FOR PARTITION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Office has raised objection regarding maintainability
of this appeal in view of Section 19(1) of the Karnataka
Civil Courts Act, 1964, since the value of the appeal does
not exceed Rs.10,00,000/-.
2. Learned counsel for the appellant has filed a
memo for withdrawing the appeal with liberty to file it
before the District Court.
3. The Submission of learned counsel and the
memo is placed on record.
4. Appeal is dismissed as withdrawn with liberty to
the appellant to file it before the Jurisdictional Court.
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RFA No. 573 of 2023
5. Appellant is entitled for the benefit of Section
14 of the Limitation Act.
Office to return all the original documents to the
learned counsel for appellant.
Sd/-
JUDGE
ASN
