Smt. Venkatamma vs Sri Nagarajappa
2024 Latest Caselaw 10145 Kant

Karnataka High Court

Smt. Venkatamma vs Sri Nagarajappa on 8 April, 2024

                                          -1-
                                                    NC: 2024:KHC:14460
                                                  MFA No. 8664 of 2022




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 8TH DAY OF APRIL, 2024

                                       BEFORE
                         THE HON'BLE MR JUSTICE R. NATARAJ
               MISCELLANEOUS FIRST APPEAL NO. 8664 OF 2022 (CPC)


               BETWEEN:

               1.    SMT. VENKATAMMA,
                     W/O LATE NARAYANASHETTY,
                     AGE 66 YEARS,

               2.    SRI. SAMPATHKUMAR,
                     S/O LATE NARAYANASHETTY,
                     AGE 46 YEARS,

               3.    SRI. SHANKARAPPA,
                     S/O LATE NARAYANASHETTY,
                     AGE 44 YEARS,

Digitally      4.    SRI. NAGARAJU,
signed by BS
RAVIKUMAR            S/O LATE NARAYANASHETTY,
Location:            AGE 42 YEARS,
HIGH
COURT OF
KARNATAKA            APPELLANT NO.1 TO 4 ARE
                     R/AT SHANAMANGALA VILLAGE,
                     BIDADI HOBLI,
                     RAMANAGARA TALUK
                     AND DISTRICT - 562109.
                                                         ...APPELLANTS
               (BY SRI. RAVINDRA PRASAD B., ADVOCATE)
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                                     NC: 2024:KHC:14460
                                   MFA No. 8664 of 2022




AND:

1.   SRI. NAGARAJAPPA,
     S/O LATE NARAYANAPPA,
     AGE 61 YEARS,

2.   SRI. NARAYANASWAMY,
     S/O LATE NARAYANAPPA,
     AGE 58 YEARS,

3.   SRI. AMBARISHA,
     S/O LATE NARAYANAPPA,
     AGE 57 YEARS,

4.   SRI. KRISHNA,
     S/O LATE NARAYANAPPA,
     AGE 54 YEARS,

5.   SRI. RAMANNA,
     S/O LATE NARAYANAPPA,
     AGE 51 YEARS,

6.   SMT. MARAKKA,
     W/O LATE THAMMASHETTAPPA,
     AGE 66 YEARS,

7.   SRI. RAMA,
     S/O LATE THAMMASHETTAPPA,
     AGE 42 YEARS,

8.   SRI. VENKATESHA,
     S/O LATE THAMMASHETTAPPA,
     AGE 42 YEARS,

9.   SMT. PUTTALAKSHMAMMA,
     W/O LATE CHIKKANNA, AGE 61 YEARS,
                           -3-
                                      NC: 2024:KHC:14460
                                    MFA No. 8664 of 2022




10. SRI. RAVI S/O LATE CHIKKANNA,
    AGE 41 YEARS,

11. SRI. VENKATESHA,
    S/O LATE LAKSHMINARAYANAPPA,
    AGE 66 YEARS,

12. SRI. GOPI S/O LATE LAKSHMINARAYANAPPA,
    AGE 56 YEARS,

13. SMT. NAGAMMA W/O LATE VARADAPPA,
    AGE 64 YEARS,

14. SMT. YASHODAMMA D/O LATE VARADAPPA,
    AGE 46 YEARS,

15. SMT. RATHNAMMA,
    D/O LATE VARADAPPA,
    AGE 46 YEARS,

16. SRI. JAYANNA S/O LATE GOVINDAPPA,
    AGE 44 YEARS,
    ALL ARE R/AT SHANAMANGALA VILLAGE,
    BIDADI HOBLI,
    RAMANAGARA TALUK AND DISTRICT - 562 109.


                                         ...RESPONDENTS

     THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 03.02.2020 PASSED ON
I.A.NO.1 IN OS.NO.79/2016 ON THE FILE OF THE PRL. SENIOR
CIVIL JUDGE AND CJM, RAMANAGARAM, ALLOWING THE I.A.
FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF
CPC.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                                   NC: 2024:KHC:14460
                                                 MFA No. 8664 of 2022




                                  JUDGMENT

The Office has raised an objection regarding

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

Karnataka Civil Court Act. As the subject matter of the

suit does not exceed a sum of Rs.10,00,000/-, the

appellants are bound to present this appeal before the

concerned Appellate Court as provided under Section

19(1) of the Karnataka Civil Court Act. Hence, the appeal

is returned to be filed before the appropriate Court. The

time consumed shall be deducted while determining the

limitation for the appeal before the appropriate Court.

2. For statistical purpose, this appeal is treated as

closed.

Sd/-

JUDGE

SMJ