Shantaveerayya vs Mahantayya And Ors
2024 Latest Caselaw 25952 Kant

Karnataka High Court

Shantaveerayya vs Mahantayya And Ors on 23 October, 2024

Author: M.G.S.Kamal

Bench: M.G.S.Kamal

                                                -1-
                                                           NC: 2024:KHC-K:7834
                                                        RFA No. 200150 of 2024




                               IN THE HIGH COURT OF KARNATAKA,

                                       KALABURAGI BENCH

                           DATED THIS THE 23RD DAY OF OCTOBER, 2024

                                              BEFORE
                             THE HON'BLE MR. JUSTICE M.G.S.KAMAL


                           REGULAR FIRST APPEAL NO. 200150 OF 2024
                                            (PAR/POS)
                      BETWEEN:

                      SHANTAVEERAYYA S/O VEERAYYA HIREMATH,
                      AGE: 23 YEARS, OCC: AGRICULTURE,
                      R/O AMRAVATI VILLAGE,
                      TQ. LINGASUGUR, DIST. RAICHUR.

                                                                    ...APPELLANT

                      (BY SRI SRINIVAS B. JOSHI, ADVOCATE (ABSENT))

                      AND:
Digitally signed by
SHIVALEELA            1.   MAHANTAYYA S/O GHANAMATHADAYYA,
DATTATRAYA UDAGI
Location: HIGH             AGE: 54 YEARS, OCC: AGRICULTURE,
COURT OF
KARNATAKA                  R/O AMARAVATI VILLAGE, DIST. RAICHUR,
                           NOW RESIDING AT BEHIND
                           VEERABHADRESHWAR TEMPLE, OLD BAZAR ROAD,
                           SINDHANUR, TQ. SINDHANUR,
                           DIST. RAICHUR.

                      2.   PALAKSHAMMA W/O GHANAMADAYYA
                           (DIED) LRS ALREADY ON RECORD

                      3.   SIDDAMMA W/O VEERAYYA HIREMATHA,
                           AGE: 50 YEARS, OCC: HOUSEHOLD,
                           R/O AMARAVATI VILLAGE, TQ. LINGASUGUR,
                           DIST. RAICHUR.
                                   -2-
                                               NC: 2024:KHC-K:7834
                                          RFA No. 200150 of 2024




4.   SIDDAMMA W/O AMARAYYA,
     AGE: 45 YEARS, OCC: HOUSEHOLD,
     R/O MULLUR CAMP, TQ. LINGASUGUR,
     DIST. RAICHUR.

                                                      ...RESPONDENTS


     THIS RFA IS FILED UNDER SECTION 96 OF CPC PRAYING
TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE
DATED:03.01.2024 IN OS.NO.171/2020 PASSED BY THE
SENIOR CIVIL JUDGE AND JMFC, LINGSUGUR AND REMAND
BACK THE MATTER BEFORE TRIAL COURT.


    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL


                       ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL)

Registry has raised the following objection at

Sl.No.34 with regard to maintainability of the appeal,

which reads as under;

"34) ΜΑΙΝΤΑΙNABILITY: THE ADVOCATE FOR THE APPELLANT HAS FILED THAT RFA UNDER SECTION 96 OF CPC BY CHALLENGING THE IMPUGNED JUDGEMENT ORDER DATED 03.01.2024 IN OS NO.71/2020 PASSD BY THE SENIOR CIVIL JUDGE AND JMFC. LINGASUGUR ON VERIFICATION OF THE

NC: 2024:KHC-K:7834

PLAINT COPY IT IS MENTIONED THAT, THE TOTAL VALUE OF THE SUIT IS VALUED AT RS 30,00,000/- AND SHARE OF THE PLAINTIFF IS VALUED AT RS 9,40,000/-

, AS PER SEC 19(i) OF KCA THE VALUE OF THE SUBJECT MATTER OF THE APPEAL IS BELOW RS 10,00,000/-. HENCE THE ADVOCATE FOR THE APPELLANT HAS TO CLARIFY HOW THIS SUIT IS MAINTAINBALE BEFORE THE HONOURABLE HIGH COURT, SINCE IT HAS REMEDY TO FILE REGULAR APPEAL BEFORE THE COMPETENT COURT".

2. Matter was listed on 14.10.2024, 21.10.2024

and today. There is no representation on behalf of the

counsel for the appellant.

Taking note of the office objection, appeal is returned

to be filed before the Competent Court of jurisdiction.

Accordingly, appeal is disposed of.

Sd/-

(M.G.S.KAMAL) JUDGE

CT:PK