The appellant(s) requested withdrawal of the first appeal on the ground of lack of pecuniary jurisdiction and sought benefits under Section 14 of the Limitation Act. The court accepted the withdrawal.
Appeal dismissed as withdrawn with liberty to file in appropriate court and claim benefit under Section 14 of Limitation Act within three weeks.
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.
MFA No. 8282 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
MISCELLANEOUS FIRST APPEAL NO.8282 OF 2022 (CPC)
BETWEEN:
Digitally signed by GURURAJ D Location: High Court Of Karnataka
APPELLANTS NO.2 TO 6 ARE
R/AT MADAGONDANAHALLI VILLAGE, KADANNUR POST, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT - 560 024.
…APPELLANTS
[BY SRI. VENKATESHA T.S., ADVOCATE (PH)]
MFA No. 8282 of 2022
AND:
SRI. K.V. PRASAD, S/O K.R. VENKATESHULU, AGED ABOUT 8 YEARS, NO.128, 1ST BLOCK, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE - 560 028.
…RESPONDENT
THIS MFA FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 26.09.2022 PASSED ON I.A.NO.I AND II IN O.S.NO.250/2022 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, REJECTING THE I.A.NO.I AND II FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for appellants filed a memo for withdrawal of appeal stating that appeal would not be maintainable before this Court, as value of appeal is less than Rs.10,00,000/-, with liberty to file appeal before appropriate Court and also seeks for grant of benefit under Section 14 of Limitation Act.
MFA No. 8282 of 2022
Registry to return certified copies by placing photostat
copy of same in file for record purposes.
Sd/JUDGE
GRD
1 issue framed by the court
Whether the first appeal is maintainable given the value of the matter is less than Rs. 10,00,000/-.
3 provisions across 2 enactments
1. Smt. Ellamma, d/o Late Hucchiaiah @ Hucchappa
2. Sri. Yellappa, s/o Late Hucchiaiah @ Hucchappa
3. Smt. Akkayamma, w/o Sri. Yellappa
4. Sri. Nagaraju Y., s/o Sri. Yellappa
5. Sri. Renuka Murthy, s/o Sri. Yellappa
6. Smt. Vijayalakshmi, d/o Sri. Yellappa
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
