The High Court of Karnataka held the regular first appeal incompetent as the suit title valued at less than Rs.1,000/., and disposed of the matter.
The appeal was disposed of for statistical purpose. Registry directed to return appeal memo for re-presentation before the Principal Senior Civil Judge.
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.
RFA No. 1309 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 REGULAR FIRST APPEAL NO. 1309 OF 2022 (PAR/INJ)
BETWEEN:
R/AT LAKKIHALLI VILLAGE
AND POST, MADADAKERE HOBLI, HOSADURGA TALUK,
CHITRADURGA DISTRICT.
…APPELLANT
(BY SRI. KARUMBAIAH T.A., ADVOCATE)
AND:
D/O MUDHA BHOVI @ MUDDAPPA, W/O LATE HANUMANTHAPPA,
Digitally signed by GURURAJ D Location: High Court Of Karnataka
AGED 63 YEARS,
W/O LATE SIDDAPPA,
AGED 59 YEARS, BOTH ARE R/AT VADDIKERE VILLAGE, TALAVATTI POST, IMMANAGALA HOBLI, HIRIYUR TALUK, CHITRADURGA DISTRICT.
RFA No. 1309 of 2022
RFA No. 1309 of 2022
RESPONDENTS 6 TO 9 ARE R/AT LAKKIHALLI VILLAGE, MADADAKERE HOBLI, HOSDURGA TALUK.
10. SAKAMMA,
W/O LATE THIMMANNA, AGED 61 YEARS,
12. SHIVAMMA,
W/O PAPANNA, AGED 58 YEARS, RESIDENT OF MADHURE VILLAGE, KASABA HOBLI, HOSADURGA TALUK.
13. RUDRAMMA,
W/O THIMMABHOVI, AGED 60 YEARS, RESIDING BESIDE KUKKAWADESHWARI TEMPLE, THIMMAPPA LAYOUT, MUNICIPAL COLONY, CHITRADURGA.
…RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 07.02.2022
RFA No. 1309 of 2022
PASSED IN OS No.89/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HOSADURGA, DECREEING THE SUIT FOR PARTITION AND INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is defendant's appeal.
RFA No. 1309 of 2022
Accordingly, appeal is disposed of for statistical purpose.
Registry is directed to return appeal memo and certified copies to learned counsel for appellant for re-presentation before Principal Senior Civil Judge, Hosadurga, on or before 09.01.2023 by replacing with photostat copies for record purpose.
Sd/JUDGE
MKM List No.: 1 Sl No.: 21
2 issues framed by the court
Whether the regular first appeal is maintainable before the High Court given the valuation at is less than Rs.1,000/.
Whether the case should be remanded to the lower court for re-presentation due to court fees defect.
1 provisions across 1 enactments
Muddalingappa, S/o Late Thimma Bhovi
Jayalakshmamma
Padmamma
Jayamma, W/o Rama Bhovi
Bhuthaka
Kengamma
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
