Dismissed

Smt Narayanamma v. Sri Krishnappa

Karnataka HC7 Aug 2023RFA/603/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka, on withdrawal of the first appeal filed against a partition decree due to pecuniary jurisdiction objections, dismissed the appeal. The court granted liberty to file in the District Court and awarded relief under the Limitation Act.

What did the court decide?

Liberty to file appeal before District Judge; entitlement to relief under Section 14 of the Limitation Act; return of original documents.

Smt Narayanamma Vs Sri Krishnappa — Partition | Karnataka HC (2023)

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NC: 2023:KHC:27724 RFA No. 603 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 603 OF 2023

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Between:

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Smt. Narayanamma D/o. Krishnappa, Aged about 61 years, R/at Savakanahalli Village, Kasaba Hobli, Devanahalli Taluk, Bengaluru Rural District-562110.

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Smt. Bhagyamma D/o. Krishnappa, Aged about 59 years, R/at Holegerepura Village, Jadigenahalli Hobli, Hosakote Taluk, Bengalurue Rural District-562114.

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Digitally signed by C K LATHA Location: HIGH COURT OF KARNATAKA

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Smt. Pushpa D/o. Krishnappa, Aged about 56 years, R/at Ilthore Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District-562110.

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Smt. Nagarathnamma D/o. Krishnappa, Aged about 44 years, R/at Dharamapura Village, Vijayapura Hobli, Devanahalli Taluk, Bengaluru Rural District-562110

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…Appellants

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(By Sri. Lokesh S.G., Advocate)

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NC: 2023:KHC:27724 RFA No. 603 of 2023

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And:

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Sri. Krishnappa S/o. Late Venkatappa, Aged about 91 years,

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Sri. Munegowda S/o. Krishnappa, Aged about 41 years,

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Sri. Rajanna S/o. Krishnappa, Aged about 54 years,

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Respondent Nos.1 to 3 are R/at Ilthore Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District-562110.

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Sri. K.R.Chethan Kumar S/o. N.Ramesh, Aged about 41 years,

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Sri. K.R.Deepak Kumar S/o. N.Ramesh, Aged about 37 years,

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Resondent Nos.4 and 5 are R/at Kannamangala Village, Kasaba Hobli, Devanahalli Taluk, Bengaluru Rural District-562110

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Smt. Ambuja W/o. Krishnappa, Aged about 43 years, R/at Ilthore Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District-562110

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Smt. Amrutha W/o. Pillegowda,

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NC: 2023:KHC:27724 RFA No. 603 of 2023

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Aged about 31 years, R/at Sathyavara Village, Hosakote Taluk, Bengaluru Rural District-562114.

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Sri. Arunkumar R., S/o. Rajanna, Aged about 30 years, R/at Ilthore Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District-562110

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Sri. B.Munegowda S/o. Byregowda, Aged about 66 years, R/at Kannamangalapalya Village, Kasaba Hobli, Devanahalli Taluk, Bengaluru Rural District-562110.

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…Respondents

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This RFA is filed under Section 96 r/w Order 41 Rule 1 of CPC against the judgment and decree dated 17.12.2022 passed in O.S. No.462/2017 on the file of the III Additional Senior Civil Judge and JMFC.,Devanahalli and c/c. Of II Additional Senior Civil Judge and JMFC., Devanahalli, dismissing the suit for partition and separate possession.

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This RFA, coming on for orders , this day, the court delivered the following:

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JUDGMENT

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Office has raised objection regarding maintainability

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of the appeal in view of the pecuniary jurisdiction does not

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exceed Rs.10,00,000/-. At this stage, learned counsel for

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the appellants submits that he may be permitted to

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NC: 2023:KHC:27724 RFA No. 603 of 2023

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withdraw the appeal with liberty to file the same before the District Judge.

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Submission of the learned counsel for the

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appellants is placed on record.

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Appeal is dismissed as withdrawn, with liberty to the appellants to file the same before the District Judge. Appellants are also entitled for the relief under section 14 of the Limitation Act.

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Office to return the original documents to the

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appellants.

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Sd/JUDGE

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CKL List No.: 1 Sl No.: 22

Smt Narayanamma v. Sri Krishnappa

Case brief

What is this about?

What did the court decide?

Smt Narayanamma v. Sri Krishnappa

Case brief

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