Shri Kedari Bharmani Patil vs Shri. Rahul Laxman Patil
2024 Latest Caselaw 4080 Kant

Karnataka High Court

Shri Kedari Bharmani Patil vs Shri. Rahul Laxman Patil on 9 February, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                -1-
                                                       NC: 2024:KHC-D:3011
                                                        RFA No. 100208 of 2017




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 9TH DAY OF FEBRUARY, 2024

                                              BEFORE

                      THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

                          REGULAR FIRST APPEAL NO. 100208 OF 2017 (PAR-)



                     BETWEEN:


                           SHRI. KEDARI BHARMANI PATIL,
                           AGED: 62 YEARS, OCC: AGRICULTURE,
                           R/O: KANGRALI KHURD,
                           TAL. AND DIST:BELAGAVI-590001.
                                                                  ...APPELLANT
                     (BY SMT. DEEPA P. DADDATTI, ADVOCATE,
                     SRI. MRUTYUNJAY TATA BANGI, ADVOCATE)

                     AND:

                     1.    SHRI. RAHUL LAXMAN PATIL,
        Digitally
        signed by          AGE: 40 YEARS, OCC: MECHANIC,
        SUJATA
SUJATA  SUBHASH            R/O: PLOT NO.6, APM ROAD,
SUBHASH PAMMAR
PAMMAR Date:               NEAR DTP SANGAMESHWAR NAGAR,
        2024.02.13         BELAGAVI-590010.
        05:15:15
        +0530
                     2.    SHRI. LAXMAN BASAVANT PATIL,
                           AGE: 70 YEARS, OCC: AGRL,
                           R/O: PLOT NO.6, APM ROAD,
                           NEAR DTP SANGAMESHWAR NAGAR,
                           BELAGAVI-590010.
                     3.    SHRI KAPEEL LAXMAN PATIL,
                           AGE: 35 YEARS, OCC: MECHANIC,
                           R/O: PEERANAWADI, BELAGAVI-590010.
                                    -2-
                                            NC: 2024:KHC-D:3011
                                              RFA No. 100208 of 2017




4.   SMT. JYOTHI SANJAY PATIL,
     AGE 28 YEARS, OCC: HOUSEHOLD,
     R/O: C/O. SANJAY KRISHNA PATIL
     RUMEWADI CROSS, KHANAPUR,
     DIST: BELAGAVI-590016.

5.   SHRI. DASHARAT TUKARAM BAMANE,
     AGE 50 YEARS,
     OCC: MEDICAL PRACTITIONER,
     R/O: PLOT NO. 6,
     SANGAMENSHWAR NAGAR,
     BELAGAVI-590010.

                                                          ...RESPONDENTS
(BY SRI. CHETAN T. LIMBIKAI, ADVOCATE FOR R3;
R1 AND R5 SERVED)
     THIS RFA FILED UNDER SEC. 96 READ WITH ORDER 41
RULE OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
03.10.2015 PASSED IN O.S.NO.29/2008 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI, DECREEING
THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                                JUDGMENT

The title of the subject matter was valued at th Rs.15,00,000/-, and the plaintiff claimed 1/4 share, and the Trial Court awarded 1/4th share. Therefore, the value of the subject matter of appeal is less than Rs.10,00,000/-. Therefore, the appeal is dismissed.

2. Liberty is reserved to the appellant to file an appeal before the District Court having jurisdiction.

NC: 2024:KHC-D:3011

3. The Registry to return the certified copy of the impugned judgment and decree to the learned counsel for the appellant after replacing the same with photo copies.

4. The time spent in this appeal shall be excluded for the purpose of computing the period of limitation for preferring an appeal before the District Court concerned.

Sd/-

JUDGE

BKM CT:GSM