The High Court of Karnataka disposed of Regular First Appeal No. 1829 of 2023 by accepting a memo to withdraw the appeal and present it to the proper court due to the subject matter value being less than one crore.
Memo accepted; appeal disposed of for statistical purpose and papers returned to proper court.
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 19TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1829 OF 2023 (PAR/POS)
BETWEEN:
T. S. SURYANARAYANA (SINCE DEAD BY HIS LRS.,)
PUSHPA T.S., D/O. LATE T. S. SURYANARAYANA, AGED ABOUT 49 YEARS, RESIDING AT NO. 261/1, VIVEKANANDA LAYOUT, MATHANALLUR CROSS, DOMMASANDRA, SARJAPUR ROAD, BENGALURU-562 125.
…APPELLANT
(BY SRI. NAGARATHNA S.K., ADVOCATE)
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
AND:
T. S. CHOWDAPPA S/O. LATE TAKARI SUBBANNA, AGED ABOUT 80 YEARS, (SINCE DEAD BY HIS LRS.)
RESPONDENTS 1 TO 8 ARE RESIDING AT NO. 98, THERINA BEEDI, DODDABALLAPUR, BENGALURU RURAL DISTRICT-561 203.
T.S. SREENIVASAMURTHY S/O. LATE TAKARI SUBBANNA,
(SINCE DEAD BY HIS LRS.,)
W/O. LATE T. S. SREENIVASA MURTHY, AGED ABOUT 73 YEARS.
S/O. LATE T. S. SREENIVASA MURTHY, AGED ABOUT 45 YEARS.
RESPONDENTS 9 AND 10 ARE RESIDING AT NO. 1070/1, 3RD CROSS, VIDYANAGAR, NEAR KONGADIYAPPA HIGH SCHOOL, DODDABALLAPUR-561 203.
D/O. LATE SREENIVASAMURTHY, AGED ABOUT 53 YEARS, R/AT NO. 1070, VIDYANAGAR, 1ST CROSS, DODDABALLAPUR-561 203.
D/O. LATE SREENIVASAMURTHY, AGED ABOUT 45 YEARS, R/AT NO. 439, VIDYANAGAR, DODDABALLAPUR-561 203.
BENGALURU RURAL DISTRICT-561 203.
15. PUTTAMMA
W/O. M. VENKATACHALAPATHI, AGED ABOUT 64 YEARS
D/O. M. VENKATACHALAPATHI,
AGED ABOUT 35 YEARS
S/O. M. VENKATACHALAPATHI, AGED ABOUT 34 YEARS
S/O. M . VENKATACHALAPATHI, AGED ABOUT 30 YEARS
RESPONDENTS NO.15 TO 18 ARE R/AT MUTTURU WARD NO.3, DODDABALLAPUR,
BENGALURU RURAL DISTRICT-561 203
19. SARASWATHI
W/O. T. S. SURYANARAYANA, AGED ABOUT 76 YEARS, R/AT NO. 261/1, VIVEKANANDA LAYOUT, MUTHANALLUR CROSS, DOMMASANDRA, SARJAPUR ROAD,
BENGALURU-562 125.
BOTH THE RESPONDENTS NO.21 AND 22 R/AT NO. 261/1, VIVEKANANDA LAYOUT, MUTHANALLUR CROSS, DOMMASANDRA, SARJAPUR ROAD, BENGALURU-562 125.
…RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 28.06.2022 PASSED ON I.A.NO.11 IN OS.NO.304/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPUR, ALLOWING THE I.A.NO.11 FILED UNDER ORDER VII RULE 11(a) AND (d) OF CPC FOR REJECTION OF PLAINT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Memo dated 18.08.2024 is filed by the learned counsel for the appellant. Memo reads as under:
"The appellant submits that in need of the share of plaintiff being less than Rs.10,00,000/-, it is prayed that the Hon'ble Court be pleased to permit the appellant to withdraw the appeal and present it before the proper court, in the interest of justice."
2. Heard Smt.Nagarathna, learned counsel for the
appellant, regarding the maintainability. The value of the subject matter of the suit is less than Rs.10,00,000/(Rupees Ten Lakhs). Therefore, the appeal needs to be presented before the appropriate District Judge.
NC: 2024:KHC:33195 RFA No. 1829 of 2023
3. Accordingly, the memo filed is accepted. The
appeal stands disposed of for statistical purpose.
Sd/(V SRISHANANDA) JUDGE
JJ
List No.: 1 Sl No.: 18
Pushpa T.S.
T.S. Chowdappa
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
