Karnataka High Court
Suresh vs Sri D T Babu on 13 October, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:40453
RFA No. 2205 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO. 2205 OF 2025 (PAR)
BETWEEN:
1. SURESH
S/O.LATE.T.RANGAIAH, MAJOR.
AGED ABOUT 45 YEARS
2. SMT. SUMARANI,
D/O.LATE.T.RANGAIAH, MAJOR.
AGED ABOUT 40 YEARS
3. SMT. GEETA,
D/O.LATE.T.RANGAIAH, MAJOR.
AGED ABOUT 35 YEARS
Digitally signed
by SL.NO.1 TO 3 ARE RESIDENT OF
SHARADAVANI DEVARAHALLI VILLAGE,
B
Location: High SANTEBENNUR HOBLI,
Court of
Karnataka CHANNAGIRI TALUK,
DAVANGERE DISTRICT-577213
(THE APPELLANT 1 TO 3 ARE
CHILDREN'S OF DECEASED
T.RANGAIAH IS RESPONDENT -NO.2
AND DECEASE RESPONDENT NO. 2 (A)
SMT. GAYATHRI IN FDP.NO.15/2020)
4. SRI. T.L. SRINIVASA
S/O. LATE. T. LAXMAPPA
AGED ABOUT 65 YEARS
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NC: 2025:KHC:40453
RFA No. 2205 of 2025
HC-KAR
R/O. DEVARAHALLI VILLAGE,
CHANNAGIRI TALUK,
DAVANAGERE DIST-577213
...APPELLANTS
(BY SRI. RAVINDRA HOLLA V S., ADVOCATE)
AND:
1. SRI D T BABU
S/O. D. THIMMAPPA
AGED ABOUT 60 YEARS
(D. THIMMAPPA
S/O. LATE. THATTEHALLI THIMMAPPA
SINCE DEAD PETITIONER NO.1
IN FDP NO. 15/2020)
2. SMT. VEENA S.
W/O. LATE. KUMAR D.T.
AGED ABOUT 46 YEARS,
3. SRI. D.K. MARUTHI
S/O.LATE. KUMAR D.T.
AGED ABOUT 30 YEARS.
(D.T. KUMAR, SINCE DEAD
THE PETITIONER NO.1 (b)
IN FDP.NO.15/2020)
SL.NO.1 TO 3 ARE
RESIDENT OF THERU STREET,
DEVARAHALLI VILLAGE
SANTHEBENNUR HOBIL,
CHANNAGIRI TALUK,
DAVANAGERE DIST-577213
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RFA No. 2205 of 2025
HC-KAR
4. SMT. USHA
W/O. LATE. T.L. NAGARAJAPPA
AGED 60 YEARS
5. SRI. KUSHAL
S/O. LATE. T.L. NAGARAJAPPA
AGED 32 YEARS
6. SRI. NIKIL
S/O. LATE. T.L. NAGARAJAPPA
AGED ABOUT 31 YEARS
(T.L. NAGARAJAPPA, SINCE DEAD
THE PETITIONER NO.3
IN FDP.NO.15/2020)
SL.NO.5 TO 6 ARE RESIDENT OF
DEVARAHALLI VILLAGE,
SANTHEBENNUR HOBLI,
CHANNAGIRI TALUK,
DAVANAGERE DIST-577213
7. SRI. GOVINDAPPA
S/O. SHIVANI RAMAPPA
AGED ABOUT 69 YEARS
8. SRI. SHANTHARAJU
S/O. SHIVANI RAMAPPA
AGED ABOUT 62 YEARS
9. SRI. NAGENDRA
S/O. SHIVANI RAMAPPA
AGED ABOUT 60 YEARS
10. SRI. SHIVANI RAMAPPA
S/O. RAMAPPA
AGE MAJOR
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NC: 2025:KHC:40453
RFA No. 2205 of 2025
HC-KAR
SL.NO.7 TO 10 ARE R/O.
DEVARAHALLI VILLAGE,
SANTHEBENNUR HOBLI,
CHANNAGIRI TQ.
DAVANAGERE DIST-577552
11. SMT. LAKSHMAMMA
W/O. VASAPPA
AGED 70 YEARS
R/O. THIPPAGONDANAHALLI
CHANNAGIRI TALUK,
DAVANAGERE DIST.-577213
12. SMT. SUSHEELAMMA
W/O. SHANKARAPPA
AGED 68 YEARS
R/O. B.R. PROJECT,
BHADRAVATHI TALUK,
SHIVAMOGGA DIST-577301
13. SMT. PREMA
W/O. LAKSHMANAPPA
AGED 65 YEARS
R/O. ISSOR VILLAGE,
SHIKARIPURA TALUK
SHIVAMOGGA-DIST-577427
14. SMT. SHARADA
W/O. AMATEKOPPA
AGED MAJOR
R/O. AMATEKOPPA VILLAGE,
SHIKARIPURA TALUK
SHIVAMOGGA DIST-577427
15. SRI. PALAKSHAPPA
S/O. RAMACHANDRAPPA
AGED ABOUT 79 YEARS
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RFA No. 2205 of 2025
HC-KAR
16. SMT. RANJITHA
D/O. PALAKSHAPPA
AGED ABOUT 42 YEARS
17. SRI. MADHU
S/O. PALAKSHAPPA
AGED ABOUT 47 YEARS
SL.NO.15 TO 1 ARE R/O.
IDUVALLI MANE,
AMTEKOPPA VILLAGE,
SHIKARIPURA TALUK
SHIVAMOGGA DIST-577427
18. SMT. LEELAMMA
W/O. LOKESHAPPA
AGED 62 YEARS
R/O. SURAHONNE VILLAGE,
HONNALI TALUK,
SHIVAMOGGA DIST-577217
...RESPONDENTS
(BY SRI.R.P.SOMASHEKARAIAH, ADVOCATE FOR C/R3)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE ORDER DATED 30.08.2025 PASSED IN FDP NO.15/2020
ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT
CHANNAGIRI., ALLOWING THE PETITION FILED UNDER SEC.54
OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:40453
RFA No. 2205 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL JUDGMENT
Learned counsel for the appellants has filed a memo
seeking withdrawal of the memo. Memo reads as under:
"MEMO FOR WITHDRAWAL AND LIBERTY TO
FILE REGULAR APPEAL TO PRESENT IT BEFORE THE
PROPER COMPETENT COURT OF APPEAL
The Appellants submits that, by inadvertently
has filed the Regular First Appeal before this Hon'ble
court, as the Appellants has to file the Regular
Appeal before the District Court at Davanagere, as
the valuation of the Plaintiff share before the trail
court comes to Rs 2,50,000-. Since the office has
raised the objection that the regular First appeal is
not maintainable.
Hence the Appellants respectfully prays that
this Hon'ble court be pleased to permit the Appellant
to withdraw this regular first appeal with liberty to
present it before the regular appeal Hon'ble District
court at Davanagere having competent and proper
court to try the appeal.
Hence office is directed to return the certified
copies of the entire documents furnished in this
appeal to the Appellants by giving liberty to file the
Regular appeal before the competent court of appeal
having pecuniary jurisdiction."
2. In view of the memo, the appeal is disposed of
reserving liberty in favour of the appellants to file an appeal
within a period of six weeks from today. If such an appeal is
NC: 2025:KHC:40453
HC-KAR
filed within a period of six weeks from today, the appellants
would be entitled to the benefit of Section 14 of the Limitation
Act. Registry of this Court is directed to return all the papers
back to the appellants forthwith.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
VM
