Karnataka High Court
Smt Laxmamma vs Sri R G Ganganna on 1 August, 2025
-1-
NC: 2025:KHC:29849
RFA No. 284 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
REGULAR FIRST APPEAL NO. 284 OF 2025 (PAR)
BETWEEN:
1. SMT. LAXMAMMA
W/O NANJAPPA,
D/O RANGAIAH,
AGED ABOUT 60 YEARS,
R/AT JODI THIMMASANDRA,
MADHURE HOBLI-560089
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT.
2. SMT. SAROJAMMA
W/O BALAKRISHNA,
D/O RANGAIAH,
Digitally signed by AGED ABOUT 54 YEARS,
MAHALAKSHMI B M R/AT NO.255, MANJUNATHA NAGARA,
Location: HIGH 4TH MAIN, WEST OF CHORD ROAD,
COURT OF RAJAJINAGAR, BENGALURU-560010
KARNATAKA
...APPELLANTS
(BY SRI. T.GOVINDA RAJA, ADVOCATE)
AND:
1. SRI R.G.GANGANNA
S/O LATE RANGAIAH,
AGED ABOUT 68 YEARS,
2. SRI R.G.MURTHY
S/O RANGAIAH,
AGED ABOUT 64 YEARS,
-2-
NC: 2025:KHC:29849
RFA No. 284 of 2025
HC-KAR
3. SMT. PADMA
W/O RAVI KUMAR,
AGED ABOUT 36 YEARS,
R/AT APPEEGOWDANAPALYA,
PIN-561003,
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT.
4. SMT. PREMA
W/O VENKATESH,
AGED ABOUT 34 YEARS,
R/AT HARALE DIBBA,
T.BEGUR POST-562123
KASABA HOBLI,
NELAMANGALA TALUK.
5. SRI NAVEEN KUMAR
S/O LATE GANGASIDDAIAH,
SINCE DEAD UN MARRIED
LEAVING BEHIND THE
APPELLANTS AS THE LRS.
6. SRI RANGASWAMAIAH
S/O LATE DODDARANGAIAH,
AGED ABOUT 63 YEARS,
7. SMT. HANUMAKKA
S/O LATE RANGAIAH,
AGED ABOUT 68 YEARS,
RESPONDENT NOS.1, 2, 6 AND 7 ARE
R/AT MAJARE RANGAIAHANAPALYA,
KAMBATHANAHALLI POST-572118
GULURU HOBLI, TUMAKURU TALUK,
TUMAKURU DISTRICT.
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 25.10.2024
PASSED IN OS.NO.481/2016 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, TUMAKURU,
DISMISSING THE SUIT FOR PARTITION.
-3-
NC: 2025:KHC:29849
RFA No. 284 of 2025
HC-KAR
THIS RFA COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
Office has raised office objection regarding
maintainability of the present appeal under Section 96 of
the Code of Civil Procedure, 1908 ('CPC' for short).
2. Section 19 (1) of the Karnataka Civil Courts Act,
1964 with effect from 17.04.1989 reads as under:
"19. Appeals from Senior Civil Judge: -
Appeals from the decrees and orders passed
by a Senior Civil Judge in original suits and
proceedings of a civil nature, shall, when such
appeals are allowed by law, lie,--(1) to the District
Court, when the amount or value of the subject-
matter of the original suit or proceeding does not
exceed ten lakh rupees;"
3. In the present case, the value of the plaintiff's
share does not exceed Rs.10.00 lakhs, consequently, the
appeal under Section 96 CPC before this Court is not
maintainable. The office objection regarding
NC: 2025:KHC:29849
HC-KAR
maintainability is upheld. The appellants are permitted to
file a regular appeal before the appropriate District Court.
4. For statistical purpose, the regular first appeal
stand disposed of. All contentions are kept open. Liberty
is reserved to the appellants to seek exclusion of time
under Section 14 of the Limitation Act, 1963 in accordance
with law.
Sd/-
______________________
JUSTICE K.S. HEMALEKHA
MBM
