Sri Channabasappa vs The Commissioner
2024 Latest Caselaw 4830 Kant

Karnataka High Court

Sri Channabasappa vs The Commissioner on 16 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                           NC: 2024:KHC:6624
                                                        MFA No. 7929 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 16TH DAY OF FEBRUARY, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 7929 OF 2023 (CPC)

                   BETWEEN:

                   1.    SRI CHANNABASAPPA
                         AGED ABOUT 66 YEARS,
                         S/O LATE MADHAPPA
                         R/AT PRAPORNA NILAYA,
                         9TH CROSS, KANAKAMBA ROAD,
                         GOKUL BADAVANE,
                         TUMAKURU - 572 104.
                                                                ...APPELLANT

                          (BY SMT. JYOTHI S. KEMPEGOWDA, ADVOCATE FOR
                               SRI. G.S. PRASANNA KUMAR, ADVOCATE)

                   AND:
Digitally signed
by SHARANYA T      1.    THE COMMISSIONER
Location: HIGH           TUMAKURU MAHANAGARA PALIKE,
COURT OF
KARNATAKA                TUMAKURU - 572 101.

                   2.    THE ASST. EXECUTIVE ENGINEER
                         TUMAKURU MAHANAGARA PALIKE,
                         TUMAKURU-572 101.
                                                             ...RESPONDENTS

                        THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
                   AGAINST THE ORDER DT.19.04.2023 PASSED ON IA NO.1 IN
                   O.S.NO.763/2022 ON THE FILE OF THE II ADDITIONAL SENIOR
                   CIVIL JUDGE AND JMFC, TUMAKURU, DISMISSING IA NO.1
                   FILED U/O.39 RULE 1 AND 2 OF CPC.
                             -2-
                                         NC: 2024:KHC:6624
                                     MFA No. 7929 of 2023




    THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

The learned counsel for the appellant has filed a

memo along with original appeal memo before the District

and Sessions Judge, Tumkur for returning the same. On

perusal of the same, there is no endorsement with regard

to the return of the appeal memo. However, the counsel

has filed the fair copy of the appeal memo.

2. The counsel for appellant would submits that

when the appeal was filed before the District Court at

Tumkur, the same is returned without any endorsement,

to that effect, original appeal memo produced before this

Court.

3. Having perused the valuation slip of the Trial

Court i.e., Senior Civil Judge and JMFC at Tumkur,

valuation arrived at Rs.1,89,700/- and the suit is also for

the purpose of Court fee valued for Rs.1,000/-, when such

valuation filed before the Trial Court, the District Court

NC: 2024:KHC:6624

committed an error in returning the same. Hence, the

present appeal is not maintainable since the valuation is

less than Rs.10,00,000/-. With these observation the

Miscellaneous First Appeal is disposed of.

The Registry is directed to return the file before the

District Court, Tumkur.

Sd/-

JUDGE

RHS