Revision against an order upholding the Trial Court's pecuniary jurisdiction in a partition suit. Defendant No.20's evidence that the land was irrigated was disbelieved as unsubstantiated; the plaintiff's 1/8th share was valued at Rs.4,25,000, within the Trial Court's pecuniary limits. Petition dismissed.
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NC: 2024:KHC:38298 CRP No. 181 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CIVIL REVISION PETITION NO. 181 OF 2023 (IO)
BETWEEN:
SRI. H. NARAYANA S/O LATE THIMMAIAH, AGED ABOUT 74 YEARS, R/AT NO.90, 14TH MAIN, 14TH CROSS, WEST OF CHORD ROAD II STAGE, 2ND PHASE, BENGALURU-560 086.
…PETITIONER
(BY SRI. AKARSH KUMAR GOWDA, ADVOCATE)
AND:
SRI. VENKATESH SINCE DECEASED BY HIS LRS,
AGED ABOUT 61 YEARS.
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
ALL ARE R/AT HULIKATTE, CHAKRABHAVI POST, MADABALHOBLI, MAGADI TALUK, RAMANAGARA DISTRICT.
…RESPONDENTS (BY SRI. RAMACHANDRA, ADVOCATE FOR R1 TO R3)
NC: 2024:KHC:38298 CRP No. 181 of 2023
THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 01.12.2022 PASSED ON PRELIMINARY ISSUE IN OS.NO.434/2012 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MAGADI, ANSWERING THE PRELIMINARY AFFIRMATIVELY AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner challenges the order passed by the Trial Court, wherein the primary issue of whether the Court has pecuniary jurisdiction to try the suit was answered in the affirmative. A suit for partition and separate possession of the legitimate share was filed by the plaintiff, and in the said suit, defendant No.20 filed an application to treat the issue of pecuniary jurisdiction as a preliminary issue.
NC: 2024:KHC:38298 CRP No. 181 of 2023
created to establish that the Trial Court has pecuniary jurisdiction to try the suit.
Trial Court.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
HR
1 issue framed by the court
Whether the Trial Court had pecuniary jurisdiction to try a suit for partition given the value of the plaintiff's claimed share.
1 provisions across 1 enactments
Sri. H. Narayana
Smt Pushpa
Smt Nandini
Sri Niranjana
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
