Smt. Shantavva W/O Basappa Horatti vs Smt. Anasavva W/O Fakkirappa Savanur
2024 Latest Caselaw 966 Kant

Karnataka High Court

Smt. Shantavva W/O Basappa Horatti vs Smt. Anasavva W/O Fakkirappa Savanur on 10 January, 2024

                                              -1-
                                                    NC: 2024:KHC-D:620-DB
                                                       RFA No. 100136 of 2022




                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                          DATED THIS THE 10TH DAY OF JANUARY, 2024

                                           PRESENT
                          THE HON'BLE MR JUSTICE ASHOK S. KINAGI
                                             AND
                            THE HON'BLE MR JUSTICE RAJESH RAI K
                          REGULAR FIRST APPEAL NO. 100136 OF 2022
                                         (PAR/POS)
                   BETWEEN:

                   SMT. SHANTAVVA W/O. BASAPPA HORATTI
                   AGE- 61 YEARS, OCC-HOUSEHOLD,
                   R/O- DANDIKOPPA,
                   TQ AND DIST-DHARWAD
                                                                  ...APPELLANT
                   (BY SRI. SHIVASAI M. PATIL, ADVOCATE)

                   AND:

                   1.   SMT. ANASAVVA
                        W/O. FAKKIRAPPA SAVANUR
                        AGE- 65 YEARS, OCC-HOUSEHOLD,
Digitally signed
by SAMREEN
                        R/O-KALASA, NOW R/O-LAXMESHWARA,
AYUB
DESHNUR                 TQ-KUNDGOL, DIST-DHARWAD.
Date:
2024.01.31
14:58:40 +0530
                   2.   BASAVARAJ BALAPPA VIJAPURA
                        AGE-62 YEARS, OCC-AGRICULTURE, R/O-SAUNSHI,
                        TQ-KUNDGOL, DIST-DHARWAD-581117.

                   3.   CHANNAPPA BALAPPA VIJAPURA
                        AGE-58 YEARS, OCC-AGRICULTURE,
                        R/O-SAUNSHI, TQ-KUNDGOL,
                        DIST-DHARWAD-581117.

                   4.   NANDISHKUMAR BASAVARAJ VIJAPUR
                        AGE-32 YEARS, OCC-PVT.JOB, R/O-SAUNSHI,
                        TQ-KUNDGOL, DIST-DHARWAD-581117.
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                                 NC: 2024:KHC-D:620-DB
                                      RFA No. 100136 of 2022




5.   VEERESHKUMAR
     S/O. BASAVARAJ VIJAPURA
     AGE-32 YEARS, OCC-PVT. JOB,
     R/O-SAUNSHI, TQ-KUNDGOL,
     DIST-DHARWAD-581117.

6.   KAVYA @ RATNAMMA
     W/O. PRAVEEN NEELAGUNDA
     (D/O CHINNAPPA VIJAPURA),
     AGE-33 YEARS, OCC-AGRICULTURE
     AND HOUSEHOLD WORK,
     R/O-HAGARIBOMMANAHALLI,
     DIST- BELLARY-583212.

7.   KAVITHA @ NINGAMMA
     W/O. SHANKAR HADIMANI,
     (D/O CHINNAPPA VIJAPURA)
     OCC-AGRICULTURE
     AND HOUSEHOLD WORK,
     R/O-SAUNSHI, TQ-KUNDGOL,
     DIST-DHARWAD-581117.
                                             ...RESPONDENTS

(BY SRI. RAVI S. BALIKAI, ADVOCATE FOR R2, R4 AND R5;
NOTICE SERVED TO R1, R3, R6, R7)

      THIS REGULAR FIRST APPEAL FILED UNDER ORDER XLI
RULE 1 R/W SEC. 96 OF CPC., 1908, AGAINST THE JUDGMENT
AND DECREE DATED 05.03.2021 PASSED IN O.S.NO.105/2016
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, KUNDGOL, AND SET ASIDE AND
BY   MODIFYING   THE   SHARE     OF   APPELLANT   AND   THE
RESPONDENTS, IN THE INTEREST OF JUSTICE AND EQUITY.


      THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
ASHOK S. KINAGI, J., DELIVERED THE FOLLOWING:
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                                   NC: 2024:KHC-D:620-DB
                                         RFA No. 100136 of 2022




                          ORDER

Learned counsel for the respondent filed I.A

No.1/2023 contending that the appeal filed by the

appellant is not maintainable on the ground that the

appellant has valued the suit for the purpose of jurisdiction

at Rs.20,00,000/- and the share of the plaintiff is less then

Rs.5,00,000/-. Hence, this Court has no jurisdiction to

entertain the appeal and accordingly, prays to return the

appeal memo to the appellant to present the same before

the competent Court having a jurisdiction to entertain the

appeal.

Learned counsel for the appellant submits that the

application be allowed and the appellant be permitted to

take the appeal memo and to present it before the

competent Court /jurisdiction to entertain the appeal.

Submission is placed on record.

I.A No.1/2023 is allowed. The appeal memo returned

to the appellant to present it before the competent

jurisdiction/ Court within a period of two weeks.

NC: 2024:KHC-D:620-DB

Office is directed to return the appeal memo along

with the certified copy of the impugned Judgment after

retaining the photocopy. For statistical purpose, the appeal

is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

PJ