Anandkumar And Anr vs Savitri And Ors
2024 Latest Caselaw 19331 Kant

Karnataka High Court

Anandkumar And Anr vs Savitri And Ors on 1 August, 2024

                                               -1-
                                                           NC: 2024:KHC-K:5552
                                                        RFA No. 200101 of 2024




                              IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                            DATED THIS THE 1ST DAY OF AUGUST, 2024

                                            BEFORE


                        THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                   REGULAR FIRST APPEAL NO.200101 OF 2024 (PAR/POS)


                   BETWEEN:

                   1.    ANANDKUMAR
                         S/O NAGINDRAPPA BEERANALLI HOSPET,
                         AGE: 35 YEARS,
                         OCC: AGRICULTURE AND KIRANA BUSINESS,

                   2.    NAGINDRAPPA
                         S/O RACHAPPA BEERANALLI (HOSPET),
                         AGE: 65 YEARS, OCC: AGRICULTURE,

                         BOTH ARE R/O ADKI,
Digitally signed         TQ. SEDAM, DIST. KALABURAGI.
by RENUKA
Location: HIGH                                                   ...APPELLANTS
COURT OF
KARNATAKA
                   (BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)

                   AND:

                   1.    SAVITRI
                         W/O ANANDKUMAR BEERANALLI (HOSPET),
                         AGE: 31 YEARS, OCC: HOUSEHOLD,

                   2.    RAHUL
                         S/O ANANDKUMAR BEERANALLI,
                         AGE: 11 YEARS, OCC: STUDENT,
                            -2-
                                       NC: 2024:KHC-K:5552
                                    RFA No. 200101 of 2024




3.   RAKSHITA
     D/O ANANDKUMAR BEERANALLI
     AGE: 11 YEARS, OCC: STUDENT,

     PLAINTIFF NO.2 AND 3 MINOR BY THEIR
     NEXT FRIEND NATURAL MOTHER PLAINTIFF NO.1,

     ALL ARE R/O ADKI, TQ. SEDAM,
     DIST. KALABURAGI.

                                           ...RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING
TO ALLOW THE ABOVE REGULAR FIRST APPEAL AND SET
ASIDE THE JUDGMENT AND DECREE DATED 12.09.2022
PASSED BY THE CIVIL JUDGE AND JMFC, SEDAM IN
O.S.NO.15/2015 AND CONSEQUENTLY DISMISS THE SUIT
FILED BY THE PLAINTIFFS.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH
       HEGDE


                    ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

This appeal is arising from the judgment and decree

dated 12.09.2022 in O.S. No.15/2015 on the file of Civil

Judge, Sedam.

2. The suit is valued at Rs.9,00,000/-. Hence, the

appeal does not lie before this Court and the appeal lies

NC: 2024:KHC-K:5552

before the jurisdictional District Court. Hence, the regular

first appeal is dismissed as withdrawn.

3. Liberty is granted to the appellants to file an

appeal before the jurisdictional District Court.

4. The time spent in prosecuting this appeal shall

be excluded in computing the limitation.

5. Registry to return the certified copy of the

impugned judgment.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

LG