Hombalamma vs Raju
2024 Latest Caselaw 25361 Kant

Karnataka High Court

Hombalamma vs Raju on 24 October, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                              -1-
                                                        NC: 2024:KHC:42837
                                                      RFA No. 2355 of 2024




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 24TH DAY OF OCTOBER, 2024

                                         BEFORE
                          THE HON'BLE MR JUSTICE K.NATARAJAN
                         REGULAR FIRST APPEAL NO. 2355 OF 2024
                 BETWEEN:

                       HOMBALAMMA,
                       W/O LATE THIMME GOWDA,
                       AGED ABOUT 67 YEARS,
                       R/AT RANGANATHAPURA VILLAGE,
                       SHANTHIGRAMA HOBLI,
                       HASSAN TALUK AND DISTRICT.
                                                              ...APPELLANT
                 (BY SRI. NARENDRA GOWDA, ADVOCATE)
                 AND:

                 1.    RAJU,
                       S/O LATE SHIVANANJE GOWDA,
                       AGED ABOUT 42 YEARS,

                 2.    SUPREETH, S/O RAJU,
Digitally              AGED ABOUT 17 YEARS,
signed by
KAVYA R
                 3.    KANIKA, D/O RAJU,
Location: High         AGED ABOUT 16 YEARS,
Court of
Karnataka
                       ALL ARE R/AT BALLENAHALLI VILLAGE,
                       SALAGAME HOBLI, HASSAN TALUK AND DISTRICT.

                       THE APPELLANTS NO. 2 AND 3 ARE
                       MINORS AND REPRESENTED BY NATURAL
                       GUARDIAN APPELLANT NO.1.
                                                           ...RESPONDENTS
                      THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
                 THE JUDGMENT AND DECREE DATED 2.09.2024 PASSED IN OS
                                    -2-
                                                  NC: 2024:KHC:42837
                                               RFA No. 2355 of 2024




NO.308/2024 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND
CJM, HASSAN., REJECTING THE SUIT AS NOT MAINTAINABLE.

    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 objection regarding maintainability of

appeal as the value of the property is less than Rs.10 lakhs.

Hence, the learned counsel for the appellant seeking permission

to withdraw the appeal with a liberty to file the same before the

District Court. The submission is placed on record.

2. Accordingly, the appeal is dismissed as withdrawn

with liberty to file the same before the District Court.

3. Office to return the certified copies of the

documents to the learned counsel.

Sd/-

(K.NATARAJAN) JUDGE

KA CT: BHK