Karnataka High Court
Sri Basappa S/O Yallappa Alias Yellappa ... vs Smt Basalingavva W/O Ramappa Koli on 9 July, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC-D:8506
RFA No. 100274 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 9TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
REGULAR FIRST APPEAL NO. 100274 OF 2025 (PAR/POS)
BETWEEN:
1. SRI. BASAPPA
S/O YALLAPPA @ YELLAPPA PUJUAR,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O: MUGALI, TQ: AND DIST: DHARWAD.
2. SRI. HANAMANTHAPPA
S/O YALLAPPA @ YELLAPPA PUJUAR,
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O: MUGALI, TQ: AND DIST: DHARWAD.
... APPELLANTS
(BY SRI. R.H. ANGADI, ADVOCATE)
AND:
SMT. BASALINGAVVA W/O RAMAPPA KOLI,
AGE: 58 YEARS, OCC: HOUSEHOLD AND AGRICULTURE,
Digitally signed by
MALLIKARJUN R/O: NAYANAGAR, TQ: BAILHONGAL,
RUDRAYYA KALMATH
Location: HIGH COURT DIST: BELAGAVI.
OF KARNATAKA
DHARWAD BENCH ... RESPONDENT
(BY SRI. GIRISH S. HIREMATH, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41
RULE 1 OF CPC., 1908, PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DATED 11.04.2025 IN O.S. NO.218/2024 ON THE FILE OF
THE I ADDITIONAL SENIOR CIVIL JUDGE AND CIVIL JUDICIAL
MAGISTRATE, DHARWAD.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT
IS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:8506
RFA No. 100274 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
The office objection is with regard to maintainability of
appeal. Since the value of subject matter of the appeal is
exactly Rs.10,00,000/-, therefore, office has raised
objection regarding maintainability of appeal.
2. Section 19 of the Karnataka Civil Code Act, 1964,
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];
(2) to the High Court, in other cases."
3. The appeal from the Court of Senior Civil Judge is
maintainable before the District Court, when the amount or
value of the subject matter of the original suit or proceeding
does not exceed Rs.10,00,000/-. The question is what is
NC: 2025:KHC-D:8506
HC-KAR
meaning of exactly the value of subject matter of the appeal is
Rs.10,00,000/-. It means when the value of subject matter of
the appeal is Rs.10,00,000/-, the appeal lies before the District
Court. If exceeds Rs.10,00,000/- then appeal lies in this Court.
Therefore, the present appeal lies before the District Court,
because of valuation of subject matter of the present appeal is
Rs.10,00,000/-.
4. Therefore, the office objection with regard to
maintainability is upheld. Liberty is reserved to prefer appeal
before the District Court. The time spent before this Court in
prosecuting this appeal shall be excluded as per Section 14 of
the Limitation Act, 1963.
5. Accordingly, the appeal is dismissed as not
maintainable with the observations as discussed above.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
RKM
CT:BCK
