High Court at Bengaluru disposed of a recording of satisfaction where the appellant sought dismissal of his appeal against the rejection of a plaint filed by respondents challenging his share in properties. The court rejected the appeal, upholding the first appellate court decision.
The appeal preferred by the defendant was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
R.S.A.No.589/2020
BETWEEN:
SRI. N. NAGARAJ S/O LATE NARASIMHAMURTHY AGED ABOUT 68 YEARS R/AT ILTHORE VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK
PIN-562110. ..APPELLANT
(BY SRI.M. RAMA MOHAN, ADVOCATE)
AND:
PIN-562110.
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RESPONDENT Nos.5 & 6 ARE R/AT NO.9 BHAGIRAYTHI NILAYA AYYAPPA TEMPLE STREET YELAHANKA BENGALURU-560 064.
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RESPONDENT Nos.7 & 8 ARE R/AT ILTHORE VILLAGE KUNDANA HOBLI DEVANAHALLI PIN- 562110.
PIN-562110. ..RESPONDENTS
(BY SRI.T.K. RAJAGOPAL, ADVOCATE FOR C/R1 TO R4)
THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 17.02.2020 PASSED IN R.A.NO.15067/2019 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, DEVANAHALLI, BENGALURU RURAL DISTRICT, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 03.08.2019 PASSED ON IA NO. 16 IN O.S.NO.603/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI ALLOWING THE I.A.NO.16 FILED UNDER ORDER VII RULE 11(a) AND (d) READ WITH SECTION 151 OF CPC FOR REJECTION OF PLAINT.
THIS RSA COMING ON FOR ADMISSION THIS DAY THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
Though the matter is listed for admission, in the circumstances of the case, it is taken up for final disposal.
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father of plaintiffs prior to Hindu Succession
(Amendment) Act, 2005.
(i) Venkatesh R. Desai Vs Smt.Pushpa Hosmani reported in AIR 2019 Kar 417
“In view of the above, we are clearly of the view that by virtue of Section 11 of the Karnataka Court Fees and Suits Valuation Act, 1958 read with Order XIV, Rule 2 of the Code of Civil Procedure, 1908, when an issue of valuation and/or court fees is raised in a civil suit on the objection of the defendant, the same is not invariably
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required to be tried as a preliminary issue and before taking evidence on other issues; but could be tried as preliminary issue if it relates to the jurisdiction and the trial court is of the view that the suit or any part thereof could be disposed of on its determination. The reference stands answered accordingly.”
(ii) Mallappa Vs Thippanna reported in ILR 1985 3622
“Section 19 of the Civil Courts Act says that if the value of the subject matter of the suit filed in the Civil Court is less than Rs.20,000/-, an appeal against such a decree passed by the Civil Court would lie to the District Court. Therefore for ascertaining whether the appeal lies to the District Court or the High Court, the valuation put on the subject matter of the suit in the trial court will have to be taken into consideration.”
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Consequently there is no necessity to proceed further in the matter.
Appeal is rejected.
Sd/JUDGE
SBN
2 issues framed by the court
Whether the appellate court erred in rejecting the applicants for rejection of the plaint in the partition suit.
Whether the trial court erred in dismissing the suit based on maintainability under the Hindu Succession Act, 2005.
Colour shows how this judgement treated each authority
Venkatesh R. Desai Vs Smt. Pushpa HosmaniReferred¶52
Venkatesh R. Desai Vs Smt.Pushpa Hosmani reported in AIR 2019 Kar 417 · Who else cites this
Mallappa Vs ThippannaReferred¶56
Mallappa Vs Thippanna reported in ILR 1985 3622 · Who else cites this
3 provisions across 3 enactments
N. Nagaraj
Lalithamma
Yesodamma
Sarojamma
Susheelamma
Annapurna
N.K. Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
