The Chief Secretary vs Dr.D Thimmaiah
2024 Latest Caselaw 19560 Kant

Karnataka High Court

The Chief Secretary vs Dr.D Thimmaiah on 5 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                      -1-
                                                   NC: 2024:KHC:31053
                                                  RFA No. 430 of 2024




            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 5TH DAY OF AUGUST, 2024

                                    BEFORE
                 THE HON'BLE MR JUSTICE V SRISHANANDA
            REGULAR FIRST APPEAL NO. 430 OF 2024(DEC/INJ)
            BETWEEN:

            1.   THE CHIEF SECRETARY
                 GOVERNMENT OF KARNATAKA,
                 VIDHANA SOUDHA
                 BENGALURU - 560 001

            2.   THE PRINCIPAL SECRETARY OF PWD
                 GOVERNMENT OF KARNATAKA,
                 VIDHANA SOUDHA,
                 BENGALURU - 560 001

            3.   CHIEF ENGINEER
                 PWD, GOVERNMENT OF KARNATAKA,
                 K R CIRCLE,
                 BENGALURU - 560 001

Digitally   4.
signed by        THE DEPUTY COMMISSIONER
VIDYA G R        MYSURU DISTRICT,
Location:        MYSURU - 570 001
HIGH
COURT OF
KARNATAKA
            5.   SUPERINTENDENT OF ENGINEER
                 MYSURU SUB DIVISION,
                 MYSURU - 570 001

            6.   THE ASSISTANT COMMISSIONER
                 HUNSUR SUB DIVISION,
                 HUNSUR - 571 105

            7.   THE TAHASILDAR
                 HUNSUR TALUK,
                 HUNSUR - 571 105
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                                     NC: 2024:KHC:31053
                                    RFA No. 430 of 2024




8.   THE EXECUTIVE ENGINEER
     PWD, HUNSUR SUB-DIVISION,
     NEAR I .B.,
     HUNSUR - 571 105

9.   ASSISTANT EXECUTIVE ENGINEER
     PWD, HUNSUR NEAR I.B
     HUNSUR - 571 105

10. JUNIOR ENGINEER
    PWD, HUNSUR NEAR I.B
    HUNSUR - 571 105
                                         ... APPELLANTS
(BY SRI. T.P. MALIPATIL, AGA)

AND:

1.   DR.D THIMMAIAH
     S/O LATE DASAPPA,
     RETIRED DHO,
     AGED ABOUT 78 YEARS,
     R/AT DOOR NO. MIG-14
     UDAYARAVI ROAD,
     KUVEMPUNAGARA,
     MYSURU - 570 023
                                        ... RESPONDENT
     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 22.09.2023
PASSED IN OS.NO.122/2020 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND JMFC, HUNSUR, DECREEING THE
SUIT FOR DECLARATION AND INJUNCTION.

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


CORAM:   HON'BLE MR JUSTICE V SRISHANANDA
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                                               NC: 2024:KHC:31053
                                              RFA No. 430 of 2024




                      ORAL JUDGMENT

Learned Additional Government Advocate appearing

for the appellants has filed a memo. Memo is taken on

record. It reads as follows:-

"The undersigned counsel appearing for respondents-State in the above matter submit that since the valuation is Rs.6,00,000/- (Six lakhs) and the order under challenge is the order passed by the Prl. Senior Civil Judge, and JMFC, Hunsur, and the valuation is below Rs.10,00,000 (ten lakhs) R.F.A. is not maintainable. Therefore, the petitioners seek leave of this Hon'ble Court to withdraw the above R.F.A. with liberty to challenge the Prl. Senior Civil Judge, and JMFC, Hunsur, before the District Court by excluding the limitation, and further pray that this Hon'ble Court be pleased to direct the Registry to return the origin documents, in the interest of justice."

2. In view of the memo, the appeal is dismissed as

withdrawn.

3. Taking note of the fact that the appeal is not

maintainable before this Court on account of pecuniary

NC: 2024:KHC:31053

jurisdiction, the appellants are hereby directed to obtain

return of appeal memorandum and produce the same

before the appropriate Court.

Office is directed to return the appeal papers after

effecting necessary entries in the concerned Register.

Sd/-

(V SRISHANANDA) JUDGE

VGR