Karnataka High Court
Sri Seshappa vs Late K Gopalakrishnamurthy on 21 January, 2025
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2025:KHC:2326
MFA No. 8392 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
MISCELLANEOUS FIRST APPEAL NO. 8392 OF 2024 (CPC)
BETWEEN:
SRI. SESHAPPA
S/O VENKATACHALAIAH,
SINCE DEED,
REPRESENTED BY HIS LRS.
1. SMT. SHANTHAMMA,
W/O. SATHYAPRAKASH,
AGED ABOUT 58 YEARS,
NO.46, CHOUDESHWARI NILAYA,
JYOTHI LAYOUT, JARAGANAHALLI,
BENGALURU-560 078.
2. SMT. KALAVATHI,
Digitally W/O. RAVINDRANATH,
signed by AGED ABOUT 56 YEARS,
KAVYA R NO.147, UMMALU GRAMA,
Location: DODDANALLURALLI POST,
High Court of
Karnataka JADIGENAHALLI HOBLI,
HOSKOTE TALUK-562 114
3. SMT. SUDHA,
W/O SRINIVAS SUGUR,
AGED ABOUT 54 YEARS,
NO.226, KEMLIGANAHALLI POST,
NANDAGUDI HOBLI,
HOSKOTE TALUK-562 114,
-2-
NC: 2025:KHC:2326
MFA No. 8392 of 2024
BENGALURU RURAL.
4. SMT. SHARADHAMMA,
W/O S. RAMANNA
AGED ABOUT 52 YEARS,
NO.12. GIGANI HOBLI,
ANEKAL TALUK,
HULIMANGALA POST,
BENGALURU 502 100
...APPELLANTS
(BY SRI. DESHPANDE AMIT ANAND, ADVOCATE)
AND:
LATE K. GOPALAKRISHNAMURTHY
S/O LATE KESHAVA MURTHY,
1. SMT. JAYAMMA
W/O LATE GOPALA KRISHNA MURTHY,
AGED ABOUT 77 YEARS.
2. SRI. NAGENDRA
S/ O LATE GOPALA KRISHNA MURTHY,
AGED ABOUT 60 YEARS.
SRI. PADMANABHA
S/O LATE GOPALA KRISHNA MURTHY,
SINCE DEAD, REP. BY HIS LR'S
3. SMT. G.V. BHARATHI
W/O. LATE SRI. PADMANABHA,
AGED ABOUT 50 YEARS.
4. MS. RAMYA. K.P.,
D/O. LATE SRI. PADMANABHA,
AGED ABOUT 19 YEARS.
-3-
NC: 2025:KHC:2326
MFA No. 8392 of 2024
5. MASTER RAGHAVENDRA. P
S/O. LATE SRI. PADMANABHA
AGED ABOUT 15 YEARS.
6. MASTER ADITHYA
S/O SRI. LATE PADMANABHA,
AGED ABOUT 14 YEARS.
THE RESPONDENTS 5 AND 6 ARE
MINORS, HENCE THEY ARE REP. BY
THEIR MOTHER AND NATURAL GUARDIAN,
THE DEFENDANT NO.3.
7. SRI. RAGHUNATH
S/O LATE GOPALA KRISHNA MURTHY,
AGED ABOUT 55 YEARS.
8. SRI. MANJUNATH
S/O. LATE GOPALA KRISHNA MURTHY
AGED ABOUT 47 YEARS
9. SRI. PURUSHOTHAM
S/O LATE GOPALA KRISHNA MURTHY,
AGED ABOUT 50 YEARS
10. SMT. ANUSUYA
S/O LATE GOPALAKRISHNA MURTHY,
AGED ABOUT 39 YEARS.
11. SRI. K. SREEPADA RAO,
S/O LATE KESHAVAMURTHY,
AGED ABOUT 79 YEARS.
12. SRI. K. PRANESHA RAO,
S/O LATE KESHAVA MURTHY,
-4-
NC: 2025:KHC:2326
MFA No. 8392 of 2024
AGED ABOUT 72 YEARS,
ALL ARE RESIDING AT
KAMBLIGANAHALLY POST,
NANDAGUDI HOBLI,
HOSKOTE TALUK,
BENGALURU RURAL DISTRICT-562 114
13. SRI. K. VEERA REDDY
S/O VENKATA REDDY,
AGED ABOUT 37 YEARS,
R/AT NO. 4/631-7 PATEL ROAD,
ARVIND NAGAR, KADAPA,
ANDHRA PRADESH-516 001.
14. SRI. G. VISHWANATH REDDY
S/O LATE PEDDA SUBBA REDDY,
AGED ABOUT 39 YEARS,
R/AT NO. 53, ROAD NO.1 KPHD COLONY,
KUKKAIPALLY,
HYDERABAD - 500 072.
15. SRI. T. SRINIVAS REDDY
S/O SATHYNARAYANA REDDY,
AGED ABOUT 44 YEARS,
R/AT NO.13/89,
KODANDARAMAPURAM VILLAGE,
GARIDEDIPALLI MANDALAM,
NALGONDA DISTRICT,
ANDHRA PRADESH-508 201.
16. SMT. GADDAM PADMAJA
D/O GADDAM SOBBA REDDY
W/O SHRI. S. JAGANMOHAN REDDY,
AGED ABOUT 52 YEARS,
-5-
NC: 2025:KHC:2326
MFA No. 8392 of 2024
R/AT ARAKATA VERNOLA (VILLAGE)
RAJUPALYAM (MANDALAM)
JUMMALAMADAGU (REV. DVN),
KADAPA DISTRICT,
ANDHRA PRADESH-516 434
17. SMT. MALLAPU SANTHA
AGED ABOUT 67 YEARS
W/O SHRI. M. SOMI REDDY,
R/AT NO. 19-8-82, A-15,
YADAV COLONY, R. C. ROAD
THIRUPATHI,
CHITTOOR DISTRICT-517 501.
18. SRI. MODUGU SRINIVASA REDDY
AGED ABOUT 69 YEARS,
S/O LATE PITCHI REDDY,
R/AT NO.4-111, RENTACHINTALA
GUNTUR DISTRICT,
ANDHRA PRADESH-577 421.
19. SRI. DUGASANI SUDHAKARA REDDY
AGED ABOUT 56 YEARS
S/O D. YERRAMA REDDY,
R/AT BUDALAVARI PALLI,
GOLLAPALLI P.O.,
B. KOTHAKOTA MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH-505 532.
20. SMT. N. YASHODA
AGED ABOUT 57 YEARS
W/ SRI. S. M. RAMESH,
R/AT SHIVANAPURA
NANDAGUDI HOBLI,
HOSAKOTE TALUK,
-6-
NC: 2025:KHC:2326
MFA No. 8392 of 2024
BENGALURU RURAL DISTRICT-562 114
21. SRI. P. ABHILASH
S/O C. G. PRAKASH ALIAS PRAKASH REDDY,
AGED ABOUT 26 YEARS,
R/AT NO.28, NEW NO. 48,
KAGGADASAPURA,
C.V. RAMAN NAGAR POST,
BENGALURU - 560 093.
...RESPONDENTS
***
THIS MFA IS FILED UNDER ORDER 43 RULE 1 OF CIVIL
PROCEDURE CODE PRAYING TO A) ALLOW THIS MEMORANDUM
OF MISCELLANEOUS FIRST APPEAL B) SET ASIDE THE
IMPUGNED ORDER DATED 09.07.2024 PASSED ON
I.A.NO.1/2024 IN O.S.NO.2516/2022 C/W.O.S.NO.3585/2022
(OLD NO.90/1990 C/W. O.S.NO.195/1995) ON THE FILE OF
SENIOR CIVIL JUDGE AND JMFC, HOSAKOTE, AND
CONSEQUENTLY TO ALOW I.A.NO.1/2024 FILED BY THE
PLAINTIFFS/APPELLANTS WITH EXEMPLARY COSTS, IN THE
INTEREST OF JUSTICE AND EQUITY;
THIS MFA COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
Office has raised an objection regarding
maintainability of this appeal, as the value of the property
before the Trial Court is below `10,00,000/-.
NC: 2025:KHC:2326
2. Learned counsel for the appellants requests the
Court to return back the appeal memorandum with a
liberty to file the same before the District Court (Rural).
3. The submission of the learned counsel is placed
on record.
4. Office is directed to return the appeal memo to
the learned counsel for appellants. Liberty is reserved to
the learned counsel to file the same before the appropriate
Court.
5. For all statistical purposes, this appeal is disposed
of. The appellants are entitled for exemption of limitation.
Sd/-
(K.NATARAJAN)
JUDGE
BMV*
CT:SNN
