Karnataka High Court
K.Faizulla Haq Khan vs K.Fazal Mohammad Khan on 8 November, 2024
-1-
NC: 2024:KHC-D:16386
RFA No. 100161 of 2015
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 100161 OF 2015 (DEC/INJ-)
BETWEEN:
K.FAIZULLA HAQ KHAN
S/O. MOHAMMAD RAFIQ KHAN,
AGE: 66 YEARS, OCC: BUSINESS,
R/O: COLLEGE ROAD,
HOSAPETE-583201,
DIST: BELLARY,
REP BY HIS PA HOLDER
MOHAMMAD RIYAZ UL HAQ KHAN.
...APPELLANT
(BY SMT. PADMAJA TADAPATRI, ADVOCATE FOR SRI. K.L. PATIL AND
ASHPAK
KASHIMSA SRI. S.S. BETURMATH, ADVOCATES)
MALAGALADINNI
AND:
1. K.FAZAL MOHAMMAD KHAN
S/O K. MOHAMMAD RAFIQ KHAN,
Location: AGE: MAJOR (NOT KNOWN),
HIGH OCC: AGRICULTURE,
COURT OF
KARNATAKA R/O: COLELGE ROAD,
HOSAPETE-583201,
DIST. BELLARY.
2. K.SHAKEERA BANU
W/O K.S. ZKABLY,
AGE: MAJOR, (NOT KNOWN),
R/O: FLAT NO.3 and 4,
4TH FLOOR,
-2-
NC: 2024:KHC-D:16386
RFA No. 100161 of 2015
AKASH APARTMENT,
SUNEGURUJI MARG,
NEAR AGREEPADA POLICE STATION,
AGREEPADA,
MUMBAI-400011.
3. K.HASEENA BANU
W/O K. NIYAZ MOHAMMAD KHAN,
AGE: MAJOR (NOT KNOWN),
R/O: DOOR NO.224,
OPP.MUNICIPAL GROUNDS,
V.N. COLLEGE ROAD,
HOSAPETE-583201
DIST: BELLARY.
4. K.SHAHEERA BANU
W/O. HABEEN KHAN,
AGE: MAJOR (NOT KNOWN),
R/O NO.13, PANORAMA-2,
MBPT, TEJASNAGAR,
REYNOLD ROAD,
WADLA(EAST),
MUMBAI - 400037.
5. K.PARVEEN BANU
W/O. ASLAM KHAN,
SINCE DECEASED HER LR'S
5a. K. ASLAM KHAN
AGE: MAJOR, OCC: NILL,
R/O. DOOR NO.224,
OPP: MUNCIPAL GROUNDS,
V.N. COLLEGE ROAD,
HOSPET- 583201.
DIST: BALLARI.
5b. ZEESHAN KHAN S/O. K. ASLAM HAN,
AGE: MAJOR (NOT KNOWN),
OCC: NILL, DOOR NO.223,
OPP. MUNICIPAL GROUNDS,
V.N. COLLEGE ROAD,
HOSPET-583201,
DIST: BELLARY.
5c. SOHAIL KHAN
S/O. K. ASLAM HAN
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NC: 2024:KHC-D:16386
RFA No. 100161 of 2015
AGE: MAJOR (NOT KNOWN);
OCC: NILL, DOOR NO.223,
OPP. MUNICIPAL GROUNDS,
V.N.COLLEGE ROAD,
HOSPET-583201,
DIST: BELLARY.
5d. MUZAMMIL KHAN
S/O. K. ASLAM HAN,
AGE: MAJOR (NOT KNOWN),
OCC: NILL, DOOR NO.223,
OPP: MUNICIPAL GROUNDS,
V.N. COLLEGE ROAD,
HOSPET-583201
DIST: BELLARY.
6. K.NAZAR MOHAMMAD KHAN,
AGE: MAJOR, (NOT KNOWN),
R/O: 273, MAIN ROAD,
NEAR VASTRAD HOSPITAL,
BASAVESHWAR BADAVANE
HOSAPETE-583201
DIST: BELLARY.
7. K. ALI MOHAMMAD KHAN,
S/O. MOHAMMAD RAFIQ KHAN,
AGE: MAJOR (NOT KNOWN),
R/O: NEAR BALDOTA BANK,
GANDHI COLONY,
HOSAPETE - 583201
DIST. BELLARY.
8. SYED KALIMULLA
S/O. SYED ISMAIL,
AGE: 52 YEARS,
OPP. SADAATH MASJID,
BEHIND HERO HONDA SHOW ROOM,
S.K. HOUSE,
NEAR 100 BED HOSPITAL,
HOSPETE-583 201.
DIST: BELLARY.
9. SADAATH MASJID
REP. BY CHAIRMAN,
KARNATAKA STATE BOARD OF WAKFS,
NO.6, CUNNINGHAM ROAD,
-4-
NC: 2024:KHC-D:16386
RFA No. 100161 of 2015
BENGALURU-560062.
10. SANTESH SINGH
S/O. BALAJI SINGH,
AGE: MAJOR (NOT KNOWN),
DOOR NO.409,
BESIDES KSPL COLLEGE,
OPP. SADAATH MASJID,
BASAVESHWARA BADAVANE,
HOSAPETE-583201.
DIST: BELLARY.
...RESPONDENTS
(BY SRI. V.G. BHAT & SRI. J. B. HURAKADLI, ADVOCATES FOR R1 TO
R4, R6 AND R7;
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R8;
SRI. D.L. LADKHAN, ADVOCATE FOR R9;
SRI. VINAY S. KOUJALAGI, ADVOCATE FOR R10;
SRI. V.G. BHAT & SURAJ M. KATAGI, ADVOCATES FOR R5 (A TO D)
-----
THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO
SET ASIDE THE JUDGMENT AND DECREE OF THE ADDL. SENIOR
CIVIL JUDGE AND JMFC., HOSPET DATED 07.04.2015 IN O.S.NO.
101/2003 AND CONSEQUENTLY DECREE THE SUIT OF THE
PLAINTIFF.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:16386
RFA No. 100161 of 2015
CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL JUDGMENT
This appeal is against the judgment and decree in
O.S.No.101/2003 on the file of Senior Civil Judge Hospete.
The suit is one for the relief of declaration, injunction and
partition. In the alternative, the plaintiff claimed share in
the suit properties.
2. The valuation shown in the plaint would disclose
that the suit is valued at Rs.1,00,000/- for the purpose of
jurisdiction. However, there was objection relating to the
valuation and same was adjudicated by the Trial Court and
the Trial Court found that the valuation is Rs.16,33,575/-.
Since the suit is one for declaration and injunction and for
partition in the alternative, the valuation for declaration
and injunction would be the higher valuation and under
Section 24(b) of the Karnataka Court fees and Suit
Valuation Act, 1958, 50% of the valuation is to be taken
into account for the purpose of Court fee and jurisdiction.
NC: 2024:KHC-D:16386
In such an event, the value of the suit property for the
purpose of jurisdiction would be less than Rs.10,00,000/-
Hence, the appeal does not lie before this Court. The
appeal lies before District Judge. Hence, the appeal is
transferred to the jurisdictional District Court at Hospete.
The parties shall appear before District Court on
09.12.2024 without any further notice.
3. It is also noticed that the appellant has paid the
Court fee in this appeal and same Court fee shall be
adjusted towards the Court fee before the District Court
and the appellant need not pay additional Court fee before
the District Court.
4. The appeal is disposed of.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
RKM
CT: ANB
