Disposed

Smt. Gangamma v. Smt Honnamma

Karnataka HC20 Aug 2024RFA/1750/2023

Case brief

AI extract

What is this about?

Appellants in a regular first appeal against dismissal of a partition suit filed a memo seeking transfer, stating the appeal valuation was under ten lakh rupees. The High Court held the appeal lay before the District Judge, Bengaluru Rural, and directed the office to return the appeal papers for presentation before the proper court.

What did the court decide?

Appeal papers directed to be returned for presentation before the District Judge, Bengaluru Rural.

Smt. Gangamma Vs Smt Honnamma — Partition | Karnataka HC (2024)

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1 - NC: 2024:KHC:33703 RFA No. 1750 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1750 OF 2023 (PAR)

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BETWEEN:

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SMT. GANGAMMA W/O GIRIYAPPA AGED ABOUT 78 YEARS

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SRI. RENUKAPPA S/O GIRIYAPPA AGED ABOUT 54 YEARS, HINDU,

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BOTH ARE RESIDENTS NO. 279, LOHITH NAGAR NELAMANGALA TOWN, NELAMANGALA, BENGALURU RURAL DISTRICT 560 123

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…APPELLANTS

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(BY SRI. P. PRASAD, ADVOCATE)

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

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AND:

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SMT. HONNAMMA W/O LATE CHENNA GANGAPPA, HINDU, MAJOR, AGED ABOUT 85 YEARS

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SRI. RUDRESH S/O OF LATE CHENNA GANGAPPA, HINDU, MAJOR, AGED ABOUT 85 YEARS.

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SRI. RAJANNA S/O LATE CHENNA GANGAPPA,

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2 - NC: 2024:KHC:33703 RFA No. 1750 of 2023

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HINDU, AGED ABOUT 70 YEARS, SINCE DEAD BY HIS LRS.,

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SMT. NIRMALA W/O SRI. SUNIL KUMAR DAUGHTER OF LATE RAJANNA AGED ABOUT 65 YEARS, R/AT NO. 912, VEERA SAGAR, TUDO LAYOUT, MELEKOTE, TUMKUR TOWN, TUMAKURU 572 101

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SMT. LATHA WIFE OF LOHIT, AGED ABOUT 63 YEARS, RESIDING AT CHICKKA MUDDAWADI, KANAKAPURA TALUK, RAMANAGARA DISTRICT.

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SMT. KAVITHA W/O SRI. SIDDALINGA MOORTHY AGED ABOUT 62 YEARS, KANNOR, MARASANDRA POST, KUDDUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT

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SRI. SANTHOSH S/O SRI. RAJANNA AGED ABOUT 60 YEARS, R/AT BYAPANAHALLI, BHAKTHARAHALLY POST, SASALU HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT 560 123

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SMT. CHANDRAMMA WIFE OF SRI. BASAVARAJU, AGED ABOUT 58 YEARS, DAUGHTER OF LATE CHENNA GANGAPPA,

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3 - NC: 2024:KHC:33703 RFA No. 1750 of 2023

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HINDU , RESIDING AT CHICKKA KUKKANAHALLI, DASANAPURA HOBLI, BANGALORE NORTH TALUK.

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SRI. CHANNAPPA S/O LATE CHENNA GANGAPPA AGED ABOUT 55 YEARS, HINDU.

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SRI. PARAMESH S/O LATE GANGAPPA AGED ABOUT 50 YEARS

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RESPONDENTS NO.1, 2, 8 AND 9 ARE R/AT BYAPPANAHALLI, SASALU HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT.

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SMT. MANGALAMMA W/O SRI. SHANKAR ARADYA, D/O LATE GANGAPPA HINDU , AGED ABOUT 45 YEARS

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SMT. RAJAMMA W/O SRI. SHIVA JYNAR D/O LATE GANGAPPA, HINDU , AGED ABOUT 57 YEARS

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R11 AND R12 ARE R/AT HOUSE NO. 213, NEAR GOVT. SCHOOL, BONE MILL, HESARAGHATTA ROAD, BENGALURU 560 073

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4 - NC: 2024:KHC:33703 RFA No. 1750 of 2023

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SRI. SADASHIVAIAH S/O LATE CHANNAPPA, HINDU, R/AT BYAPPANAHALLI SASALU HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT 561 203 SINCE DEAD BY HIS LRS

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SMT. NANJAMMA W/O LATE SADHASHIVAIAH AGED ABOUT 76 YEARS, R/AT BYAPANAHALLY SASALU HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT 561 203

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SMT. ANUSUYA W/O LATE CHANDRASHEKHAR AGED ABOUT 56 YEARS

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SRI. TEJA S/O LATE CHANDRASHEKAR AGED ABOUT 57 YEARS

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KUM. GEETHA W/O LATE CHANDRASHEKAR AGED ABOUT 56 YEARS

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RESPONDENT NO.13 TO 15 ARE R/AT POMMANAHALLY VILLAGE, MARIKUPPE POST, SOLUR HOBLI, MAGADI TALUK RAMANAGARA DISTRICT.

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SMT. UMA DEVI, WIFE OF LATE PRAKASH, AGED ABOUT 49 YEARS.

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5 - NC: 2024:KHC:33703 RFA No. 1750 of 2023

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SMT. BHAVYA D/O LATE PRAKASH, AGED ABOUT 36 YEARS.

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SRI. MANJUNATH, S/O LATE PRAKASH, AGED ABOUT 33 YEARS.

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RESPONDENT NO.16 TO 18 ARE R/AT KASAGHATTA VILLAGE, DODDAHEJJAJI POST, DODDABELAVANGALA HOBLI, DODABALLAPURA TALUK, BENGALURU RURAL DISTRICT 561 203

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SRI. SHIVA KUMAR, S/O LATE SADHASHIVAIAH, AGED ABOUT 56 YEARS, R/AT VAJARAHALLY, KAVERI PURA, NELAMANGALA TOWN, NELAMANGALA TALUK 562 123

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SRI. CHANNAPPA @ AUTO CHANNAPPA, S/O LATE SADAHSIVAIAH, AGED ABOUT 47 YEARS, R/AT BAGALAKUNTE, 15^th CROSS, 8^th MAILE STONE, BENGALURU 560 073

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…RESPONDENTS

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THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.10.2022 PASSED IN OS.NO.350/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPURA, DISMISSING THE SUIT FOR PARTITION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE V SRISHANANDA

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NC: 2024:KHC:33703 RFA No. 1750 of 2023

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ORAL ORDER

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A memo is filed by learned counsel for the

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appellants. Memo reads as under:

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“The counsel for the appellants respectfully prays before this Hon’ble Court to transfer the above appeal before concern jurisdiction since, the valuation is not more than 10 Lakhs. Hence, this memo may kindly be taken as record in the interest of justice and equity.”

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In view of the valuation of the appeal, appeal lies

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before the District Judge, Bengaluru Rural Court.

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Accordingly, office is directed to return the appeal

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papers for presentation before the proper Court after

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making necessary entries in the concerned registers.

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Sd/(V SRISHANANDA)

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JUDGE

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KAV List No.: 1 Sl No.: 16

Smt. Gangamma v. Smt Honnamma

Case brief

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Smt. Gangamma v. Smt Honnamma

Case brief

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