High Court under Article 227 quashed the Additional District Judge's order dismissing a partition appeal on jurisdictional grounds, holding jurisdiction depends on division of property, not suit value.
Impugned order dated 06.07.2017 set aside; matter remanded to First Appellate Court for fresh consideration.
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 23RD DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.32934 OF 2018 (GM-CPC)
BETWEEN:
Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka
…PETITIONERS
(BY SRI. DR. NANDA KISHORE.,ADVOCATE)
AND:
R/O HOUSING BOARD COLONY, KELAGOTE, CHITRADURGA DISTRICT-577501.
NC: 2023:KHC:34584 WP No. 32934 of 2018
OPP. ARAVINDA MOTORS, B.M.ROAD, HASSAN-573201
…RESPONDENTS
(BY SRI. MANJUNATH HEGDE, ADVOCATE FOR R-1; R2 TO R4 AND R6 ARE SERVED BUT UNREPRESENTED; V/O DATED 11.07.2023 NOTICE TO R5 IS HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE ORDER OF THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHITRADURGA IN R.A.NO.8 OF 2016 IN IA NO.2 DATED 06.07.2017 VIDE ANNEXURE-A AND CONSEQUENTLY ISSUE A DIRECTION TO ENTERTAIN THE MEMORANDUM OF APPEAL AND HEAR THE APPEAL ON MERITS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
NC: 2023:KHC:34584 WP No. 32934 of 2018
NC: 2023:KHC:34584 WP No. 32934 of 2018
same cannot be considered in so far as the division of properties made by the Trial Court on each of the parties in the suit. In that view of the matter, the finding recorded by the First Appellate Court on 06.07.2017 permitting to return the appeal memo to the appellants / plaintiff Nos.1 to 3 is not correct. The Appellate Court shall consider the suit valuation made before the Trial Court only. Accordingly, the order dated 06.07.2017 is set aside and the matter is remitted to the First Appellate Court for fresh consideration on merits.
SD/ JUDGE
List No.: 1 Sl No.: 24
sac
2 issues framed by the court
Whether the jurisdiction of the First Appellate Court in a partition suit can be challenged based on suit value.
Whether the First Appellate Court was correct in returning the memorandum of appeal for lack of jurisdiction.
2 provisions across 2 enactments
P. R. SATISH BABU
P.R. PURUSHOTTAM
P.R. ASHOK KUMAR
P. R. SRINIVASULU
SMT. S.R. SHARADAMBHA
SMT. NANITHA GOPAL
E.S. INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
