Karnataka High Court
M/S Prajwal Education Trust vs Sri M C Kantharaj on 20 November, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:47070
RFA No. 2509 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
REGULAR FIRST APPEAL NO. 2509 OF 2024
BETWEEN:
1. M/S PRAJWAL EDUCATION TRUST,
SHANIVARASANTHE,
SOMWARTPET TALUK,
KODAGU DISTRICT-571 235.
REPRESENTED BY ITS SECRETARY
SRI. G M HOOVAIAH.
2. SRI. G M HOOVAIAH,
AGED ABOUT 59 YEARS,
S/O LATE MALLAPPA,
R/AT GOWDALLI VILLAGE AND POST,
SOMWARPET TALUK,
KODAGU DISTRICT-571 236.
3. SRI. H N DEVARAJ,
AGED ABOUT 59 YEARS,
2ND BLOK, MAIN ROAD,
Digitally signed SHANIVARASANTHE TOWN,
by BHARATHI S
SOMWARPET TALUK,
Location: HIGH KODAGU DISTRICT-571 236.
COURT OF
KARNATAKA
4. SRI. KANARAM @ HARISH,
AGED ABOUT 47 YEARS,
S/O LABU RAMAJI,
HARI JEWELLERS AND BANKERS,
RATHA BEEDHI, KUSHALNAGAR TOWN,
SOMWARPET TALUK,
KODAGU DISTRICT-571 234.
5. SRI. H P GUNDAPPA,
AGED ABOUT 59 YEARS,
S/O LATE PUTTEGOWDA,
COWCODY VILLAGE,
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NC: 2024:KHC:47070
RFA No. 2509 of 2024
HOSUR POST, SAKALESHPURA TALUK,
HASSAN DISTRICT-573 137.
6. SRI. G V THIMMAPPA,
AGED ABOUT 65 YEARS,
S/O SRI. VENKATAPPA,
R/AT GOWDALLI VILLAGE AND POST,
SOMWARPET TALUK,
KODAGU DISTRICT-571 236.
7. SRI. B DHARMENDRA,
AGED ABOUT 52 YEARS,
S/O SRI. B GNANESHWAR,
R.AT VISHWESHWARAIAH ROAD,
VIDHYANAGAR, HASSAN-573 202.
APPELLANTS
(BY SRI. PUNDIKAI ISHWARA BHAT.,ADVOCATE)
AND:
1. SRI MC KANTHARAJ,
AGED ABOUT 52 YEARS,
S/O LATE M V CHENNAPPA,
RESIDING AT BIDAROOR VILLAGE,
2. SMT. K S SOWMYA,
AGED ABOUT 41 YEARS,
W/O M C KANTHARAJ,
BOTH ARE RESIDING AT
BIDAROOR VILLAGE,
SHANIVARASANTHE HOBLI,
SOMWARPET TALUK,
KODAGU DISTRICT-571 235.
RESPONDENTS
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 21.03.2024 PASSED IN
OS NO.01/2017 ON THE FILE OF SENIOR CIVIL JUDGE AND
JMFC, SOMWARPET., DECREEING THE SUIT FOR DECLARATION
AND FOR RECOVERY OF POSSESSION AND ETC,.
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NC: 2024:KHC:47070
RFA No. 2509 of 2024
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
Office has raised objections regarding maintainability of
the appeal, as the subject matter do not exceed `10,00,000/-.
2. As per Section 19(1) of the Karnataka Civil Courts
Act, 1964 (for short 'the Act), any decree or order passed by a
Senior Civil Judge in original suits, and the value of the subject
matter does not exceed `10,00,000/-, the jurisdiction lies
before the District Court.
3. Learned counsel for the appellants submits that as
per Section 19(1) of the Act, this appeal lies before the District
Court as the subject matter is upto Rs.10,00,000/- and the
subject matter exceeding Rs.10,00,000/- and up to
Rs.15,00,000/-, the Single Bench has jurisdiction.
4. Hence, learned counsel for the appellants is
permitted to take back the appeal memo and present the same
before appropriate District Court.
NC: 2024:KHC:47070
5. Office to return the appeal memo to the learned
counsel for the appellant after keeping the photo copy of the
appeal memo.
Accordingly, for statistical purposes, the appeal is
disposed off.
Sd/-
(K.NATARAJAN)
JUDGE
PNV
