Dismissed

The Chief Secretary v. Dr.D Thimmaiah

Karnataka HC5 Aug 2024RFA/430/2024

Case brief

AI extract

What is this about?

State appellants filed a memo conceding the RFA against a declaration-and-injunction decree was not maintainable due to pecuniary jurisdiction; the High Court dismissed the appeal as withdrawn and directed return of appeal papers.

What did the court decide?

Appeal dismissed as withdrawn; liberty to file before District Court excluding limitation; return of appeal memorandum and papers directed.

The Chief Secretary Vs Dr.D Thimmaiah — Property and Title | Karnataka HC (2024)

¶1

NC: 2024:KHC:31053 RFA No. 430 of 2024

¶2

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 5^TH DAY OF AUGUST, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE V SRISHANANDA

¶7

REGULAR FIRST APPEAL NO. 430 OF 2024(DEC/INJ)

¶8

BETWEEN:

¶9

THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA

¶10

BENGALURU - 560 001

¶11

THE PRINCIPAL SECRETARY OF PWD GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA,

¶12

BENGALURU - 560 001

¶13

CHIEF ENGINEER PWD, GOVERNMENT OF KARNATAKA, K R CIRCLE,

¶14

BENGALURU - 560 001

¶15

Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA

¶16

THE DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU - 570 001

¶17

SUPERINTENDENT OF ENGINEER MYSURU SUB DIVISION, MYSURU - 570 001

¶18

THE ASSISTANT COMMISSIONER HUNSUR SUB DIVISION, HUNSUR - 571 105

¶19

THE TAHASILDAR HUNSUR TALUK, HUNSUR - 571 105

¶20

2 - NC: 2024:KHC:31053 RFA No. 430 of 2024

¶21

THE EXECUTIVE ENGINEER PWD, HUNSUR SUB-DIVISION, NEAR I .B., HUNSUR - 571 105

¶22

ASSISTANT EXECUTIVE ENGINEER PWD, HUNSUR NEAR I.B HUNSUR - 571 105

¶23

JUNIOR ENGINEER PWD, HUNSUR NEAR I.B HUNSUR - 571 105

¶24

… APPELLANTS

¶25

(BY SRI. T.P. MALIPATIL, AGA)

¶26

AND:

¶27

DR.D THIMMAIAH S/O LATE DASAPPA, RETIRED DHO, AGED ABOUT 78 YEARS, R/AT DOOR NO. MIG-14 UDAYARAVI ROAD, KUVEMPUNAGARA, MYSURU - 570 023

¶28

… RESPONDENT

¶29

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.09.2023 PASSED IN OS.NO.122/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, DECREEING THE SUIT FOR DECLARATION AND INJUNCTION.

¶30

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

¶31

CORAM: HON'BLE MR JUSTICE V SRISHANANDA

¶32

¶33

NC: 2024:KHC:31053 RFA No. 430 of 2024

¶34

ORAL JUDGMENT

¶35

Learned Additional Government Advocate appearing

¶36

for the appellants has filed a memo. Memo is taken on record. It reads as follows:-

¶37

"The undersigned counsel appearing for respondents-State in the above matter submit that since the valuation is Rs.6,00,000/- (Six lakhs) and the order under challenge is the order passed by the Prl. Senior Civil Judge, and JMFC, Hunsur, and the valuation is below Rs.10,00,000 (ten lakhs) R.F.A. is not maintainable. Therefore, the petitioners seek leave of this Hon'ble Court to withdraw the above R.F.A. with liberty to challenge the Prl. Senior Civil Judge, and JMFC, Hunsur, before the District Court by excluding the limitation, and further pray that this Hon'ble Court be pleased to direct the Registry to return the origin documents, in the interest of justice."

¶38

In view of the memo, the appeal is dismissed as withdrawn.

¶39

Taking note of the fact that the appeal is not maintainable before this Court on account of pecuniary

¶40

NC: 2024:KHC:31053 RFA No. 430 of 2024

¶41

¶42

jurisdiction, the appellants are hereby directed to obtain return of appeal memorandum and produce the same before the appropriate Court.

¶43

Office is directed to return the appeal papers after effecting necessary entries in the concerned Register.

¶44

Sd/(V SRISHANANDA) JUDGE

¶45

VGR

The Chief Secretary v. Dr.D Thimmaiah

Case brief

What is this about?

What did the court decide?

The Chief Secretary v. Dr.D Thimmaiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shivagangamma Vs Jayanna

Rasheed Ahmed Vs B v Kantharaja Shetty

Mrs. Marceline D Souza Vs Mr Edward D Souza

Smt. Channamma Vs Smt. Kempamma

Chethana Varadarajan Vs Jayanti Chidambaram

Smt Nanjamma Vs Shri Narayanaswamy