K Siddappa vs Chandramma @ Chandrakala
2023 Latest Caselaw 6534 Kant

                                                  -1-
                                                              NC: 2023:KHC:33426
                                                             RFA No. 894 of 2023




                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 14TH DAY OF SEPTEMBER, 2023

                                                BEFORE

                                 THE HON'BLE MR JUSTICE K.NATARAJAN

                               REGULAR FIRST APPEAL NO. 894 OF 2023 (PAR)


                      BETWEEN:


                      1.   K SIDDAPPA
                           S/O LATE KRIYANNA,
                           AGED BOUT 68 YEARS,
                           R/AT KOLALAKUNTE VILLAGE,
                           KORA HOBLI,
                           TUMAKURU TALUK
                           TUMAKURU-572128.


                      2.   KARIBASAVAIAH
                           S/O LATE KRIYANNA,
                           AGED BOUT 50 YEARS,
                           R/AT KOLALAKUNTE VILLAGE,
Digitally signed by        KORA HOBLI,
LAKSHMINARAYAN             TUMAKURU TALUK
N
Location: High
                           TUMAKURU-572128.
Court of Karnataka
                                                                   ...APPELLANTS

                      (BY SRI. RAJESWARA P N.,ADVOCATE)

                      AND:

                      1.   CHANDRAMMA @
                           CHANDRAKALA
                           W/O THIMMAMMA,
                           D/O K. SIDDAPPA,
                           AGED ABOUT 38 YEARS,
                           R/AT KUNAGATANAHALLI VILLAGE
                            -2-
                                       NC: 2023:KHC:33426
                                      RFA No. 894 of 2023




     BUKKAPATANA HOBLI,
     SIRA TALUK
     TUMAKURU-572115.


2.   KIADB OFFICER
     COMMISSIONER,
     BESIDE SIT.,
     B.H.ROAD,
     TUMAKURU.


3.   PARVATHAMMA
     D/O LATE KARIYANNA,
     W/O NATARAJU,
     AGED ABOUT 58 YEARS,
     R/AT RANGENAHALLI VILLAG,E
     HANDANAKERE HOBLI,
     CHIKKANAYAKANAHALLI TALUK,
     TUMAKURU-572214.

                                          ...RESPONDENTS

                           ***


      RFA FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF

CPC., AGAINST THE JUDGMENT AND DECREE DATED 07.01.2023

PASSED IN OS NO.576/2015 ON THE FILE OF THE II ADDITIONAL

SENIOR CIVIL JUDGE AND JMC, TUMAKURU. DECREEING THE

SUIT FOR PARTITION AND SEPARATE POSSESSION.



      THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:
                                  -3-
                                               NC: 2023:KHC:33426
                                              RFA No. 894 of 2023




                             JUDGMENT

Office has raised objections regarding valuation of the

property with respect to share of the appellant.

2. Registrar (Judicial) has submitted a report about

total value of the property at Rs.21,60,000/- and share of the

plaintiffs would comes to Rs.5,40,000/-.

3. Even as per the submission of the learned counsel

for appellants, defendants share is half of the total valuation

and out of half share of defendants, the appellants are entitle

for 1/4th share, which is less than Rs.10 lakhs.

4. Hence, report of the Registrar (Judicial) is accepted.

5. Appeal memo is returned to the appellant to be filed

before the concerned District Court.

6. For the statistical purpose this appeal is dismissed.

However, appellant is entitled to the relief under Section

14 of the Limitation Act.

Sd/-

JUDGE

VK