Karnataka High Court
Smt. Shanta Alias Geeta vs Khirasa S/O Krishnasa Kathare on 30 October, 2024
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NC: 2024:KHC-D:16004-DB
RFA No. 100093 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR. JUSTICE T. G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO.100093 OF 2024
BETWEEN:
1. SMT. SHANTA @ GEETA JANARDHANSA SHALAGAR,
(BEFORE MARRIAGE SHANTA @ GEETA
D/O. MURALIDHARA KATHARE.
AGE: 78 YEARS, OCC : HOUSEHOLD,
R/O: SANMAN COLONY,
SHIVAYOGI LAYOUT, MUKUND NAGAR,
NEAR MURUDESHWAR FACTORY,
R N SHETTY ROAD, HUBBALLI 580020.
2. SMT. JAYA W/O RAMESH DALABHANJAN,
(BEFORE MARRIAGE JAYA D/O MURALIDHARSA KATHARE)
AGE: 69 YEARS, OCC: HOUSEHOLD,
R/O: YALLAPUR TOLL NAKA,
DANDELI ROAD, HALIYAL 581329,
DIST: UTTARA KANNADA.
Digitally
signed by
MANJANNA
3. SMT. LALITA W/O TUKARAM KABADE,
E
Location: (BEFORE MARRIAGE LALITA D/O MURALIDHARSA KATHARE)
MANJANNA High Court
E of Karnataka,
Dharwad
AGE: 53 YEARS, OCC: HOUSEHOLD,
Bench
Date:
2024.11.05
R/O: AKKIPET, AKKASALIGAR ONI,
10:14:32
+0530 OLD-HUBLI, HUBBALLI-580024.
4. SMT. SHOBHA W/O ARJUNSA BURABURE,
AGE: 49 YEARS, OCC: HOUSEHOLD,
R/O: #23, ARIHANT NAGAR, 4TH CROSS,
KUSUGAL ROAD,
KESHWAPUR 580023, HUBBALLI.
5. SMT. RENUKA W/O RAMASA BHANDAGE,
(BEFORE MARRIAGE RENUKA D/O MURALIDHARSA KATHARE)
AGE: ABOUT 59 YEARS, OCC: BUSINESS,
R/O: NO. 29, RAGHAV NAGAR,
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NC: 2024:KHC-D:16004-DB
RFA No. 100093 of 2024
CHANDRANATH NAGAR,
BEHIND RAGHAVENDRA MATH,
HUBBALLI- 580023.
...APPELLANTS
(BY SRI VEERESH R. BUDIHAL, ADVOCATE)
AND:
1. KHIRASA S/O KRISHNASA KATHARE
AGE: MAJOR (EXACT AGE NOT KNOWN TO THE APPELLANTS)
OCC: BUSINESS
R/O: SALONI VICTORIA ROAD,
DAJIBANPETH, HUBBALLI-580031.
2. KRISHNASA S/O MURALIDHARSA KATHARE
AGE: MAJOR, (EXACT AGE NOT KNOWN TO THE APPELLANTS)
OCC: BUSINESS,
R/O: SALONI VICTORIA ROAD,
DAJIBANPETH, HUBBALLI-580031.
3. NARAYAN S/O MURALIDHARSA KATHARE
AGE: MAJOR, (EXACT AGE NOT KNOWN TO THE APPELLANTS)
OCC: BUSINESS,
R/O: SALONI VICTORIA ROAD,
DAJIBANPETH, HUBBALLI-580031.
4. YALLANSA S/O NARAYANSA IRKAL,
AGE: 79 YEARS, OCC: MEDICAL PRACTITIONER,
R/O: OPP. TO KALABHAVAN,
BELGAUM ROAD, DHARWAD-580008.
5. PRAKASH S/O NARAYANSA IRKAL,
SINCE DECEASED BY HIS LR'S.
5(A) SMT. SUMANGALA W/O PRAKASH IRKAL,
AGE: 68 YEARS, OCC: HOUSEHOLD,
R/O: NARAYANSOPA,
OLD HUBLI, HUBBALLI-580024.
5(B) SRI. VENKATESH S/O PRAKASH IRKAL,
AGE: 41 YEARS, OCC: BUSINESS,
R/O: NARAYANSOPA, OLD HUBLI,
HUBBALLI-580024.
5(C) SMT. SNEHA @ BHARATI W/O RAJU MEHARWADE,
AGE: 39 YEARS, OCC: HOUSEHOLD,
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NC: 2024:KHC-D:16004-DB
RFA No. 100093 of 2024
R/O: A4-203, KANCHAN PUSHP SOCIETY,
OPP. SURAJ WATER PARK,
GHODBUNDAR ROAD, THANE,
WEST-MUMBAI-400615,
STATE: MAHARASHTRA.
6. SURESH S/O NARAYANSA IRKAL
AGE: 68 YEARS, OCC: BUSINESS,
R/O: T 1 & 3RD FLOOR, ELFIN
OAKWOOD, APARTMENT,
NEAR MODERN SCHOOL,
SARASWATPUR, DHARWAD-580 002.
7. ASHOK S/O NARAYANSA IRKAL,
AGE: 64 YEARS, OCC: BUSINESS,
R/O: PARASWADI, KESHWAPUR,
HUBBALLI-580023.
8. JAWAHAR S/O NARAYANSA IRKAL,
AGE: 60 YEARS, OCC: MEDICAL PRACTITIONER,
R/O: SALONI VICTORIA ROAD, DAJIBANPETH,
HUBBALLI, DIST: DHARWAD
C/O: Y.N.IRKAL, OPP. TO KALABHAVAN,
BELGAUM ROAD, DHARWAD-580008.
...RESPONDENTS
(BY SRI K.L. PATIL, ADV. FOR RESPONDENT NO.1;
SRI S. SREEVATSA, SENIOR COUNSEL FOR
SRI AMRUTH V.JOIS, ADVOCATE FOR RESPONDENT NOS.2&3;
NOTICE TO RESPONDENT NOS.4, 5(C), 6, 7 SERVED;
NOTICE TO RESPONDENT NOS.5(A), 5(B), R8 : DISPENSED
WITH)
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 30.10.2023 PASSED IN
O.S.NO.17/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI,
DISMISSIING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS PASSED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR. JUSTICE T. G. SHIVASHANKARE GOWDA
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NC: 2024:KHC-D:16004-DB
RFA No. 100093 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR)
Sri S. Sreevatsa learned senior counsel for the
respondents is present and he has filed an application
I.A.no.2/2024 under Section 11 (4) (a) of the Karnataka
Court Fees and Suit Valuation Act, 1958 for directing the
appellants to pay the court fee on the market value of the
suit property.
2. In our opinion the appellants have to pay Court
fee calculated on the market value of the property as on the
date of execution of relinquishment deed.
3. Sri Veeresh R. Budihal learned counsel for the
appellants is directed to make payment of deficit court fee.
Instead of seeking extension of time, he submits that the
appellants are not in a position to make payment of court fee
which may amount to more than Rs.20,00,000/- and
therefore he submits that the memorandum of appeal may
be rejected. The appellants will explore the possibility of
filing the appeal in future.
NC: 2024:KHC-D:16004-DB
4. Since it is submitted that the appellants are not in
a position to pay court fee, we are constrained to reject this
memorandum of appeal.
Sd/-
(SREENIVAS HARISH KUMAR)
JUDGE
Sd/-
(T. G. SHIVASHANKARE GOWDA)
JUDGE
EM
