[Cites 2, Cited by 0]
Karnataka High Court
Sri G Ashwathnarayan vs Smt. Chinnamma on 27 January, 2026
-1-
NC: 2026:KHC:4408
RFA No. 877 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
REGULAR FIRST APPEAL NO. 877 OF 2025 (PAR)
BETWEEN:
1. SRI. G. ASHWATHNARAYAN
AGED ABOUT 53 YEARS
S/O LATE G. GOVINDAPPA
RESIDENT OF CHIKKANAKOTE VILLAGE
BANDAKUNTE POST, SIRA TALUK
TUMKUR DISTRICT-572137.
(THE APPELLANT IS THE LEGAL
HEIR/REPRESENTATIVE OF
LATE G.GOVINDAPPA
WHO WAS ARRAYED AS
DEFENDANT NO.17. IN O.S.NO.959/2021.
THE SAID SUIT IS FILED
AGAINST DEAD PERSON)
...APPELLANT
Digitally signed
by CHAITHRA A (BY SRI. MANJUNATHA .H.R, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA
AND:
1. SMT. CHINNAMMA
W/O RAMACHANDRA
AGED ABOUT 69 YEARS
R/O NO.1, 9TH CROSS, MARFI TOWN
ULSURU, BANGALORE-560 008.
2. SMT. MUNIRATHNAMMA
W/O NARAYANA
AGED ABOUT 67 YEARS
R/AT OLD BAYAPANAHALLI
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NC: 2026:KHC:4408
RFA No. 877 of 2025
HC-KAR
NEAR YELLAMMA TEMPLE
BAYAPANAHALLI
BANGALORE-560 038.
3. SRI. G.M. UMASHANKAR
S/O LATE G.K. MUNISWAMY
AGED ABOUT 42 YEARS
4. SMT. G.M. SHWETHA
W/O SURESH
D/O LATE G.K. MUNISWAMY
AGED ABOUT 36 YEARS
5. SRI. V. MUNIYAPPA
S/O LATE VENKATASWAMY
AGED ABOUT 57 YEARS
6. SRI. V. NARAYANA
S/O LATE VENKATASWAMY
AGED ABOUT 55 YEARS
7. SRI. V. SOMASHEKAR
S/O LATE VENKATASWAMY
AGED ABOUT 44 YEARS
8. SRI. V. RAMAKRISHNA
S/O LATE VENKATASWAMY
AGED ABOUT 39 YEARS
R3 TO R8 ARE R/AT
GATTAHALLI VILLAGE, HUSKUR POST
SARJAPURA HOBLI
ANEKAL TALUK-560 099.
9. SRI. D. SUJATHA
D/O LATE K. DODDA RAMAIAH
W/O NARAYANAPPA
AGED ABOUT 60 YEARS
10. SRI. D. KIRAN KUMAR
S/O LATE K. DODDA RAMAIAH
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RFA No. 877 of 2025
HC-KAR
AGED ABOUT 58 YEARS
11. SRI. D. CHANDRASHEKAR
S/O LATE K. DODDA RAMAIAH
AGED ABOUT 53 YEARS
R9 TO R11 ARE R/AT VARTHUR VILLAGE
OPP. GOVERNMENT HOSPITAL
VARTHUR POST, BANGALORE EAST TALUK
BANGALORE-560087.
12. SRI. H. RAJAPPA
S/O LATE PUTTAMMA
AGED ABOUT 64 YEARS
13. SRI. V. PILLAIAH
S/O LATE PUTTAMMA
AGED ABOUT 58 YEARS
R12 AND R13 ARE R/AT VARTHUR VILLAGE
BEHIND GOVERNMENT JUNIOR COLLEGE
VARTHUR POST, VARTHUR
BANGALORE EAST TALUK
BANGALORE-560087.
14. SMT. MEENA
W/O LATE M. MAHADEVA
AGED ABOUT 53 YEARS
15. SMT. RENUKA
D/O LATE M.M. MAHADEVA
AGED ABOUT 40 YEARS
R14 AND R15 ARE R/AT VARTHUR VILLAGE
HALASAHALLI ROAD, BEHIND BHARATH GAS
VARTHUR POST, BANGALORE EAST TALUK
BANGALORE-560 087.
R14 AND R15 WERE BROUGHT ON RECORD
AS LRS OF DECEASED M. MAHADEVA
S/O LATE PAPAMMA
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NC: 2026:KHC:4408
RFA No. 877 of 2025
HC-KAR
WHO WAS THE ORIGINAL DEFENDANT NO.13
BEFORE TRIAL COURT.
16. SRI M. NAGARAJA
S/O LATE PAPAMMA
AGED ABOUT 48 YEARS
R/AT VARTHUR VILLAGE
HALASAHALLI ROAD
BEHIND BHARATH GAS
VARTHUR POST
BANGALORE EAST TALUK
BANGALORE-560087.
17. SRI. K. CHINNAPPA
S/O LATE KRISHNAPPA
AGED ABOUT 60 YEARS
18. SRI. K. MUNIRAJAPPA
S/O LATE KRISHNAPPA
AGED ABOUT 62 YEARS
R17 AND R18 ARE RESIDING AT
GATTAHALLI VILLAGE
HUSKUR POST
SARJAPURA HOBLI
ANEKAL TALUK-560 099.
19. SMT. SHOBHA
W/O SRINIVAS
AGED ABOUT 49 YEARS
R/AT 254/1, 3RD CROSS
NEAR SHANIMAHATHAMA TEMPLE
VALEPURA DINNE, VARTHUR
BANGALORE-560087.
20. SMT. LAKSHMI
W/O K. MUNIRAJU
AGED ABOUT 59 YEARS
R/AT NO.353, 3RD CROSS
VALEPURA VILLAGE
VARTHUR HOBLI
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NC: 2026:KHC:4408
RFA No. 877 of 2025
HC-KAR
BANGALORE EAST TALUK
BANGALORE-562114.
21. SMT. RATHNAMMA
W/O LATE CHINNAPPA
AGED ABOUT 60 YEARS
22. SRI. LAKSHMANA
S/O CHINNAPPA
AGED ABOUT 39 YEARS
R21 AND R22 ARE R/AT
GHATTAHALLI VILLAGE
SARJAPURA HOBLI, ANEKAL TALUK
BANGALORE DISTRICT.
REP BY THEIR GPA HOLDER
SRI. K. MUNIRAJAPPA
S/O LATE KRISHNAPPA
AGED ABOUT 60 YEARS
R/AT 254/1, 3RD CROSS
NEAR SHANIMAHATHMA TEMPLE
VALEPURA DINNE, VARTHUR
BANGALORE-560087.
AND
SRI. SRINIVAS .M
S/O LATE MUNIYAPPA
AGED ABOUT 53 YEARS
R/AT MADHURANAGARA MAIN ROAD
NEAR SHAKTHI EDUCATION TRUST
CHIKKANEKKUNDI LAYOUT
SARJAPURA HOBLI, ANEKAL TALUK
BANGALORE DISTRICT-560087.
...RESPONDENTS
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 19.04.2024 PASSED IN
OS NO.959/2021 ON THE FILE OF PRL. SENIOR CIVIL JUDGE
AND JMFC, ANEKAL., DECREEING THE SUIT FOR PARTITION
AND SEPARATE POSSESSION.
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NC: 2026:KHC:4408
RFA No. 877 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
This appeal arises from a decree passed in a suit for
partition. The suit schedule properties are valued at
Rs.25,00,000/- for the purpose of pecuniary jurisdiction.
The plaintiff's claimed share being 1/9th, the value of the
subject matter of the appeal works out to less than
Rs.10,00,000/-. Consequently, this Court lacks pecuniary
jurisdiction to entertain the present appeal and the same
is held to be not maintainable.
2. The office objection regarding maintainability is
accordingly upheld and the appeal stands dismissed as not
maintainable, reserving liberty to the appellant to present
the appeal before the competent District Court.
3. The Registry is directed to forthwith return all
certified copies to the appellant after retaining photocopies
of the same for record purposes.
NC: 2026:KHC:4408
HC-KAR
4. In the event the appellant institutes an appeal
before the District Court within a period of three weeks
from the date of receipt of a copy of this order, the time
spent in prosecuting the present appeal before this Court
shall stand excluded by extending the benefit of Section
14 of the Limitation Act, 1963.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
List No.: 1 Sl No.: 43
