Shivashankar vs Sri V Gunashekara
2024 Latest Caselaw 15671 Kant

Karnataka High Court

Shivashankar vs Sri V Gunashekara on 3 July, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                  -1-
                                                             NC: 2024:KHC:25008
                                                           RFA No. 1112 of 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 3RD DAY OF JULY, 2024

                                               BEFORE

                       THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

                           REGULAR FIRST APPEAL NO. 1112 OF 2024 (MON)

                      BETWEEN:

                            SHIVASHANKAR
                            S/O LATE RANGAPPA
                            AGED ABOUT 50 YEARS,
                            TASHKENTNAGARA
                            BHADRAVATHI TALUK
                            SHIVAMOGGA DISTRICT-577 245.
                                                                   ...APPELLANT
                      (BY SRI. BASAVARAJA.D, ADVOCATE)

                      AND:

                      1.    SRI. V. GUNASHEKARA
                            S/O LATE SRI. VINAYAKAM
                            AGED ABOUT 55 YEARS

Digitally signed by   2.    SMT. JAYALAKSHMI
SUMITHRA R
Location: High
                            W/O V. GUNASHEKARA
Court of Karnataka          AGED ABOUT 49 YEARS

                            THE RESPONDENT NO.1 AND 2
                            RESIDING AT NMC, 3RD CROSS,
                            BHOOTHANAGUDI
                            BHADRAVATHI TOWN
                            SHIVAMOGGA DISTRICT-577 301.
                                                                ...RESPONDENTS

                           THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE
                      1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
                      22.02.2024 PASSED IN OS NO.338/2020 ON THE FILE OF PRL.
                                    -2-
                                                   NC: 2024:KHC:25008
                                                 RFA No. 1112 of 2024




CIVIL JUDGE AND JMFC, BHADRAVATHI, DISMISSING THE
SUIT FOR RECOVERY OF MONEY.

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

                            JUDGMENT

This appeal is filed by the appellant/plaintiff under Section

96 of the Code of Civil Procedure, 1908, calling in question the

judgment and decree dated 22.02.2024 passed in

R.A..No.338/2020 by the Principal Civil Judge and JMFC,

Bhadravathi.

2. Since the subject matter does not exceed value of

Rs.10,00,000/-, a suit was filed for recovery of money of

Rs.5,00,000/-. Therefore, the appeal is not maintainable in this

Court. Accordingly, the appeal is dismissed as not

maintainable.

3. Liberty is reserved to file an appeal before the

Competent Court of law.

4. A period spent in prosecuting this appeal is

excluded under Section 14 of the Limitation Act, 1963, for the

purpose of calculating the limitation period.

NC: 2024:KHC:25008

5. Registry is directed to return the certified copy of

the documents to the appellant by placing a photocopy of the

same at cost of the appellant.

Sd/-

JUDGE

KTY