Allowed

Sri.G.N. Nagarajaiah v. Sri Bheemaiah

Karnataka HC9 Mar 2022MFA/8814/2019

Case brief

AI extract

What is this about?

This Miscellaneous Appeal set aside an order directing the return of the memorandum of appeal. The High Court held that the appeal lies to the District Court, not the same court that passed the decree. The appeal before the District Judge was restored and remanded for disposal on merits.

What did the court decide?

The impugned order dated 11.11.2019 is set-aside. The appeal is restored. The District Judge is directed to dispose of the appeal on merits and parties to appear on 04.04.2022.

Sri.G.N. Nagarajaiah Vs Sri Bheemaiah — Civil Procedure and Limitation | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 09^TH DAY OF MARCH, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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MFA NO.8814 OF 2019 (CPC)

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BETWEEN:

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Sri G.N.Nagarajaiah,

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S/o Late Naraseeyappa, Aged about 37 years,

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Sri G.N.Hanumantharayappa, S/o Late Naraseeyappa, Aged about 47 years,

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Smt. Lakshmamma, W/o Late Naraseeyappa, Aged about 76 years,

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Appellants No.1 to 3 are R/o.T.Golla Halli, Kasaba Hobli, Koratagere Taluk-572129.

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Smt. Muddamma, W/o Ramakrishnaiah, Aged about 49 years, R/o Garagadoddi, Kasaba Hobli, Koratagere Taluk-572129, Tumakuru District.

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Smt. Siddagangamma, W/o Eranna, Aged about 39 years, R/o Thovinakere, C.N.Durga Hobli,

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:: 2 ::

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Koratagere Taluk-572129, Tumakuru District.

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…Appellants

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(By Sri V.B.Siddaramaiah, Advocate)

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AND:

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Sri Bheemaiah, S/o Lakshmamma, Aged about 45 years,

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Sri Basavaraju, S/o Lakshmamma, Aged about 36 years,

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Both are R/o T.Gollahalli, Kasaba Hobli, Koratagere Taluk-572129 Tumakuru District.

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…Respondents

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(By Sri Kamaraju, Advocate for R1 & R2)

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This MFA is filed under Order 43 Rule 1(a) of CPC., praying to set aside the judgment dated 11.11.2019 passed in R.A.No.5034/2018 on the file of the 4^th Additional District and Sessions Judge, Madhugiri.

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This MFA coming on for admission this day, the Court delivered the following:

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JUDGMENT

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Heard Sri V.B.Siddaramaiah, learned counsel for the appellants and Sri Kamaraju, learned

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counsel for respondents 1 and 2.

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:: 3 ::

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Madhugiri has passed a very peculiar order. The background is as follows:

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The respondents herein filed a suit O.S.No.5/2008 for declaration and injunction in the Court of Civil Judge and JMFC at Koratagere. In W.P.No.1224/2010 (GM-CPC), this Court passed an order on 02.12.2010, transferring the suit O.S.No.5/2008 from the Court of Civil Judge and JMFC, Koratagere to the Court of Senior Civil Judge and JMFC, Madhugiri. After transfer, the suit was renumbered as O.S.No.17/2010 and the Senior Civil Judge, Madhugiri passed a judgment and decree on 16.11.2018 in favour of the plaintiffs. Then the appellants herein who were the defendants in the suit, aggrieved by the judgment and decree of the Senior Civil Judge, Madhugiri in O.S.No.17/2010, preferred an appeal

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to the Court of IV Additional District Judge, Madhugiri. The IV Additional District Judge,

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:: 4 ::

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Madhugiri passed an order dated 11.11.2019, which is impugned here, directing return of

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memorandum of appeal for being presented in the Court of Principal Senior Civil Judge, MAdhugiri.

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The reason assigned in the impugned order is that the transfer of the suit from the Civil Judge, Koratagere to the Principal Senior Civil Judge, Madhugiri was nothing but delegation of power for disposal of the suit and it should be deemed that the suit was disposed of by Civil Judge, Koratagere in view of valuation of suit for Rs.26,000/-.

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The reasons assigned by the IV Additional District Judge, Madhugiri are against Section 19 of the Karnataka Civil Courts Act. It has given a wrong finding that the power was delegated to the Court of Senior Civil Judge for deciding the suit. When the High Court transferred the suit from the Court of Civil Judge,

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:: 5 ::

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Koratagere to the Court of Senior Civil Judge, Madhugiri, it is not the exercise of power of delegation. It was a transfer for adjudication of the suit. Once the suit was transferred, the transferee Court exercises original jurisdiction. A Court of Senior Civil Judge can try and dispose of a suit triable by a Court of Civil Judge, whereas the Civil Judge cannot decide a suit, the valuation of which is more than the pecuniary jurisdiction of

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his Court. There is a upper cap for the pecuniary jurisdiction of Court of Civil Judge.

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The impugned order shows that the District Judge has not grasped the principle laid down by the Division Bench of this Court in BASAPPA GIRIMALLA YADWAD VS. RAMAPPA FIRAGAPPA HADIMANI [ILR 1994 KAR 518]. It is also pertinent to refer to Section 19 of the Karnataka Civil Courts Act, which reads as below:

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19. Appeals from [Senior Civil Judge] .—Appeals from the decrees and

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:: 6 ::

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orders passed by a [Senior Civil Judge] in original suits and proceedings of a civil nature, shall, when such appeals are allowed by law, lie,—

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(1) to the District Court, when the amount or value of the subject-matter of the original suit or proceeding [does not exceed ten lakh rupees] ;

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(2) to the High Court, in other cases.

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Therefore the appeal was rightly preferred before the District Court. Even otherwise, the appeal cannot be preferred to the same Court which passed the decree. In this view, the appeal deserves to be allowed. Hence the following:

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ORDER

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Appeal is allowed.

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The impugned order dated 11.11.2019, passed by the IV Additional District Judge, Madhugiri in R.A.No.5034/2018 is set-aside.

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:: 7 ::

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The appeal, R.A.No.5034/2018 is restored.

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The IV Additional District Judge, Madhugiri, is hereby directed to dispose of the appeal on merits.

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The parties are directed to appear before the IV Additional District Court, Madhugiri, on 04.04.2022.

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Sd/JUDGE

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Kmv/-

Sri.G.N. Nagarajaiah v. Sri Bheemaiah

Case brief

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What did the court decide?

Sri.G.N. Nagarajaiah v. Sri Bheemaiah

Case brief

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