Karnataka High Court
Sri. Suresh Since Dead By His Lrs Smt ... vs Sri. Maya Bramachar on 27 June, 2025
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NC: 2025:KHC:23075
RFA No. 1440 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REGULAR FIRST APPEAL NO. 1440 OF 2025 (PAR)
BETWEEN:
SRI. SURESH
SINCE DEAD BY HIS LRS
1. SMT. SUMATHI
W/O LATE M.A.SURESH
AGED ABOUT 37 YEARS
2. KUM. SHUNAINA M. RAJU
D/O LATE M/A/SURESH
AGED ABOUT 16 YEARS
3. MASTER SUKREETH M. RAJU
D/O LATE M/A/SURESH
AGED ABOUT 12 YEARS
ALL ARE R/AT NO.206, 6TH A CROSS
Digitally signed by DEFENSE LAYOUT, IAF POST
NAGARAJA B M
Location: HIGH
YELAHANKA, BANGALORE-560 063.
COURT OF
KARNATAKA APPELLANTS 2 AND 3 ARE MINOR
REPRESENTED BY THEIR NATURAL GUARDIAN
MOTHER SMT SUMATHI
1ST APPELLANT HEREIN.
...APPELLANTS
(BY SRI. JANARDHANA REDDY, ADVOCATE)
AND:
1. SRI. MAYA BRAMACHAR
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RFA No. 1440 of 2025
HC-KAR
S/O LATE CHIKKAPPAYANACHAR
AGED ABOUT 64 YEARS
2. SRI. VISHWA BRAMCHAR
S/O LATE CHIKKAPPAYANACHAR
AGED ABOUT 59 YEARS
3. SRI. G.CHANDRASHEKARACHAR
S/O LATE GANESHACHAR
AGED ABOUT 67 YEARS
DEFENDANTS NO. 1 TO 3 ARE
R/AT NO.3941, 4TH WARD
DODDABALLAPURA
BANGALORE RURAL DISTRICT.
4. SMT. NYANAMMA
D/O LATE APPAJANNA
AGED ABOUT 74 YEARS
R/AT MUTHOOR
NEAR RAILWAY STATION
DODDABALLAPURA
BANGALORE RURAL DISTRICT.
5. SMT. VEERABHADRAMMA
W/O LATE MALLIGACHAR
AGED ABOUT 74 YEARS
6. SRI. ANADACHAR,
S/O LATE MALLIGACHAR
AGED ABOUT 54 YEARS
BOTH ARE R/AT VEERABHADRAMMA BUILDING
2ND MAIN ROAD, 6TH CROSS
KAVERINAGAR, WHITEFILED ROAD
BANGALORE-560 048.
7. SRI. NYANACHAR
S/O LATE SUGUNACHAR
AGED ABOUT 79 YEARS
R/AT NO.76. HMT LAYOUT
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VIDHYARANYAPURA POST
BANGALORE-560 092.
8. SRI. ISHWARACHAR
S/O LATE SUGUNACHAR
AGED ABOUT 74 YEARS
R/AT KADATHANAMALAI VILLAGE
ARAKERE POST, HESARAGHATTA HOBLI
BANGALORE NORTH TALUK.
9. SRI. VEERABRAMHACHAR
S/O LATE SUGUNACHAR
AGED ABOUT 64 YEARS
R/AT 2014, 1ST CROSS
RAMAMURTHY NAGAR POST
BANGALORE EAST TALUK
BANGALORE-560 016.
10. SRI. DANKANACHAR
S/O SRI SUGUNACHAR
AGED ABOUT 62 YEAR
R/AT KODATHANAMALAI VILLAGE
ARAKERE POST, HESARAGHATTA HOBLI
BANGALORE NORTH TALUK
11. SRI. PUTTAJACHAR
S/O SUGUNACHAR
AGED ABOUT 60 YEARS
R/AT KADATHANAMALAI VILLAGE
ARAKERE POST, HESARAGHATTA HOBLI
BANGALORE NORTH TALUK.
12. SMT. NAGARATHNAMMA
W/O LATE NYANACHAR
AGED ABOUT 64 YEARS
R/AT NO. 1186, JAYANAGAR
1ST BLOCK DAYANAND NAGAR
BANGALORE-560 011.
13. SRI. ASHWATHACHAR
S/O LATE GANESHACHAR
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HC-KAR
AGED ABOUT 59 YEARS
R/AT NO.3949
GANGADHARAPURA VILLAGE AND POST
DODDABALLAPURA POST.
14. SRI. MALIGACHAR
S/O LATE MALIGACHAR
AGED ABOUT 49 YEARS
R/AT KADATHANAMALAI VILLAGE
ARAKERE POST, HESARAGHATTA HOBLI
BANGALORE NORTH TALUK.
15. SRI. MALIGACHAR
S/O LATE NYAANACHAR
AGED ABOUT 54 YEARS
R/AT BOMMAVARA VILLAGE
HUGANAVADI POST
DEVANAHALLI TALUK.
16. SRI. NYANRATHNAMMA
W/O RUDRACHAR
AGED ABOUT 49 YEARS
R/AT KADATHANAMALAI VILLAGE
ARAKERE POST, HESARAGHATTA HOBLI
BANGALORE NORTH TALUK
17. SRI. NARAYANASWAMY
S/O SRI MUNIYAPPA
MAJOR IN AGE
R/AT NO.2094, MIG 8TH B CROSS
YELAHANKA NEW TOWN
BANGALORE-560064.
18. SRI. NANJAPPA
S/O LATE NARAYANAPPA
MAJOR IN AGE
R/AT NO. 10, ELEMALIGE
ANNADANAPPA GALLI
GOLLARAPETE, BANGALORE-560002.
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HC-KAR
19. SMT. MALIGAMMA
W/O SRI RAMACHAR
SINCE DEAD REP BY HER LR'S
19(A) SMT. GOWRAMMA
W/O MALIGAPPA
AGED ABOUT 71 YEARS
R/AT RAGHAVENDRA BLOCK
6TH MAIN ROAD, NEAR PES COLLEGE
SREENAGAR, BANGALORE.
19(B) SMT. JAYALAKSHMI
W/O RAMACHANDRA
AGED ABOUT 74 YEARS
R/AT VINAYAKANAGAR
COURT ROAD, BEHIND GANESH TEMPLE
DODDABALLAPURA TOWN
BANGALORE RURAL DISTRICT.
19(C) SMT. MANJULA
W/O NANJUNDACHAR
AGED ABOUT 69 YEARS
R/AT SANDRAHALLI VILLAGE
AMGHAJI DURGA HOBLI AND POST
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT.
19(D) SMT. CHANDRAKALA
W/O RAMESHACHARI
AGED ABOUT 64 YEARS
R/AT AJADH CHOWK
CHINTAMANI TOWN
CHIKKABALLAPURA DISTRICT.
19(E) SMT. MAHALAKSHMI @ LAKSHMI
W/O KUMAR
AGED ABOUT 54 YEARS
R/AT 6TH WARD
NEAR GURURAJA KALYANA MANTAPA
MUTTURU, DODDABALLAPURA TOWN
BANGALORE RURAL DISTRICT.
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20. SRI. CHIKKAMALIGACHAR
S/O LATE APPAYYANACHAR
AGED ABOUT 79 YEARS
R/AT MUTUUR, NEAR RAILWAY STATION
DODDABALLAPURA
BANGALORE RURAL DISTRICT.
21. SMT. NEELAMMA
D/O NYANACHAR
AGED ABOUT 64 YEARS
R/AT BOMMAWARA VILLAGE
UGANAWADI POST, KUNDANA HOBLI
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT.
22. SMT. MANIKYAMMA
W/O SRINIVASACHAR
D/O MALICHAR
AGED ABOUT 79 YEARS
R/AT SUNAGATTA, BANAMANGALA
KUNDANA HOBLI, DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT.
23. SRI. ASHWATHACHAR
S/O GANESHACHAR
MAJOR IN AGE
R/AT NO.3949, CARMEL JYOTHI SCHOOL ROAD
GANGADHAPURA VILLAGE
DODDABALLAPURA TOWN AND TALUK
BANGALORE RURAL DISTRICT.
24. SMT. PUTTAMMA
W/O LATE PUTTASWAMY CHAR
AGED ABOUT 89 YEARS
25. SMT. PUSHPAMMA
W/O LATE RUDRACHAR
AGED ABOUT 69 YEARS
BOTH ARE R/AT NO.56.
IST FLOOR, LAKSHMAIAH BLOCK
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RFA No. 1440 of 2025
HC-KAR
GANGANAGARA
BANGALORE-560 032.
30. SRI. NEELAKANTACHAR
S/O GANESHACHAR
AGED ABOUT 79 YEARS
R/AT NO.56, IST FLOOR
LAKSHMAIAH BLOCK
GANAGANAGAR, BANGALORE-560 032.
31. SMT. ESHWARAMMA
W/O LATE RAJASHEKARACHAR
AGED ABOUT 72 YEARS
R/AT KUMBARA VILLAGE
MALUR, KOLAR DISTRICT.
32. SRI. KRISHNAMURTHI CHAR
S/O LATE GANESHACHAR
AGED ABOUT 71 YEARS
R/AT NO.216, IST FLOOR
GANGADHAPURA
DODDABALLAPURA TOWN AND TALUK
BANGALORE RURAL DISTRICT.
33. SMT. CHAYA DEVI
W/O LATE VEERABHADRACHAR
D/O GANESHACHAR
AGED ABOUT 67 YEARS
ARKAVATHI LAYOUT, NEAR RAILWAY GATE
DODDABALLAPURA TOWN AND TALUK
BANGALORE RURAL DISTRICT.
...RESPONDENTS
THIS RFA IS FILED U/S. 96 R/W ORDER XLI RULE 1 OF
CPC AGAINST THE JUDGMENT AND DECREE DATED
06.02.2023. PASSED IN OS NO. 1604/2006 ON THE FILE OF
THE VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
BENGALURU RURAL DISTRICT, BENGALURU, DECREEING THE
SUIT FOR PARTITION.
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NC: 2025:KHC:23075
RFA No. 1440 of 2025
HC-KAR
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
The valuation for the purpose of jurisdiction is less
than Rs.10 Lakhs. Therefore, the appeal is not
maintainable before this Court. Hence, the office objection
in regard to maintainability is upheld.
2. Accordingly, the appeal is dismissed as not
maintainable. Liberty is reserved to appellants to file the
appeal before the appropriate appellate Court. In the
event, appeal is filed within four weeks, the time spent
before this Court shall be excluded by extending benefit
under Section 14 of the Limitation Act.
3. Registry shall forthwith return the certified copy
of the judgment after securing photo copies of the same.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
