Kamalabai vs Mahadevi
2025 Latest Caselaw 604 Kant

Karnataka High Court

Kamalabai vs Mahadevi on 2 July, 2025

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                -1-
                                                             NC: 2025:KHC-K:3567
                                                          RFA No. 200158 of 2025


                    HC-KAR



                                IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                               DATED THIS THE 2ND DAY OF JULY, 2025

                                              BEFORE

                             THE HON'BLE MR. JUSTICE RAVI V HOSMANI

                        REGULAR FIRST APPEAL NO. 200158 OF 2025 (PAR/POS)

                   BETWEEN:

                   1.    KAMALABAI
                         W/O LATE SIDDARAM,
                         D/O SHIVAYOGEPPA BIRADAR,
                         AGE: 61 YEARS,
                         OCC: HOUSEHOLD/AGRICULTURE,
                         R/O: BAIRAMADAGI VILLAGE,
                         TQ: AFZALPUR,
                         DIST: KALABURAGI - 585 265.

                   2.    GURULINGAPPA
                         S/O LATE SHIVAYOGEPPA BIRADAR,
                         AGE: 66 YEARS,
                         OCC: AGRICULTURE,
                         R/O: BAIRAMADAGI VILLAGE,
Digitally signed         TQ: AFZALPUR,
by NIJAMUDDIN            DIST: KALABURAGI - 585 265.
JAMKHANDI
Location: HIGH     3.    KUPENDRA
COURT OF                 S/O LATE SHIVAYOGEPPA BIRADAR,
KARNATAKA                AGE: 56 YEARS,
                         OCC: AGRICULTURE,
                         R/O: BAIRAMADAGI VILLAGE,
                         TQ: AFZALPUR,
                         DIST: KALABURAGI - 585 265.
                                                                    ...APPELLANTS

                   (BY SRI AJAY KUMAR ASHOK KUMAR, ADVOCATE)
                               -2-
                                            NC: 2025:KHC-K:3567
                                         RFA No. 200158 of 2025


 HC-KAR



AND:

1.   MAHADEVI
     W/O SHARANABASAPPA GAROOR,
     D/O LATE SHIVAYOGEPPA BIRADAR,
     AGE: 46 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: GUDUR VILLAGE,
     TQ: AFZALPUR,
     DIST: KALABURAGI,
     NOW AT KALABURAGI,
     TQ: & DIST: KALABURAGI - 585 101.

2.   PARAMESHWAR
     S/O LATE SHIVAYOGEPPA BIRADAR,
     AGE: 61 YEARS,
     OCC: AGRICULTURE,
     R/O: BAIRAMADAGI VILLAGE,
     TQ: AFZALPUR,
     DIST: KALABURAGI - 585 265.
                                                 ...RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41
RULE 1 OF CIVIL PROCEDURE CODE, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 01.04.2025 PASSED BY THE
LEARNED SENIOR CIVIL JUDGE AND JMFC, AFZALPUR IN
O.S.NO.06.2024 AND ETC.

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

CORAM:      HON'BLE MR. JUSTICE RAVI V HOSMANI


                        ORAL JUDGMENT

Matter is listed today for counsel submission regarding

maintainability of appeal.

2. Though, learned counsel for appellants submits

that valuation of shares of each appellant is Rs.7,00,000/- and

since, all three of them have jointly filed appeal, valuation is

NC: 2025:KHC-K:3567

HC-KAR

Rs.21,00,000/-, appeal filed before this Court would not be

maintainable. Hence, office objection is sustained.

3. Appeal is ordered to be returned for re-filing before

District Court, Kalaburagi on or before 15.07.2025.

Sd/-

(RAVI V HOSMANI) JUDGE

NJ