Dismissed¶30

Ravikumar B v. Sri Basavaraju

Karnataka HC5 Jun 2025RFA/1257/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; RFA No. 1257 of 2025 (PAR); decided 05.06.2025 by Justice Sachin Shankar Magadum; maintainability of Regular First Appeal before High Court; suit valuation Rs.12,00,000/-; Section 96 CPC; Section 14 Limitation Act exclusion of time; partition and separate possession suit OS No.65/2016, II Additional Senior Civil Judge and JMFC, Tumakuru; appeal dismissed with liberty to approach appropriate Appellate Court; respondents include legal representatives of deceased Basavaraju and the Special Land Acquisition Officer, KIADB.

What did the court decide?

Liberty to the appellants to file the appeal before the appropriate Appellate Court, with the time spent before this Court to be excluded under Section 14 of the Limitation Act. ¶30

Ravikumar B Vs Sri Basavaraju — Karnataka HC (2025) — LawSathi Research

¶1

¶2

NC: 2025:KHC:19216 RFA No. 1257 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JUNE, 2025

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 1257 OF 2025 (PAR)

¶7

BETWEEN:

¶8

RAVIKUMAR .B S/O R.BASAVARAJU AGED ABOUT 39 YEARS

¶9

RUDRESH .B S/O B.BASAVARAJU AGED ABOUT 38 YEARS

¶10

BOTH ARE RESIDING AT NO.17 KUMABRA BEEDI, K. NARAYANAPURA KOTHANUR POST, BENGALURU-560077.

¶11

…APPELLANTS

¶12

(BY SRI. VINAYA KUMAR .N.D, ADVOCATE)

¶13

Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

¶14

AND:

¶15

SRI. BASAVARAJU DIED BY HIS LRs

¶16

SHIVAMMA W/O LATE BASAVARAJU AGED ABOUT 56 YEARS R/O. KANNUHALLI VILLAGE THYAMAGONDLU HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562132.

¶17

SMT. K.S. SACHIDANANDA MURTHY S/O K. SIDDARAMANNA

¶18

¶19

NC: 2025:KHC:19216 RFA No. 1257 of 2025

¶20

HC-KAR

¶21

AGED ABOUT 50 YEARS R/AT KODIHALLI VILLAGE

¶22

KESTUR POST, TUMKURU TALUK-572138.

¶23

THE SPECIAL LAND ACQUISITION OFFICER KIADB, MARUTHI TOWERS 1ST FLOOR, NEAR SIT COLLEGE B.H.ROAD, TUMKUR-572138.

¶24

…RESPONDENTS

¶25

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.01.2025 PASSED IN OS NO.65/2016 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT TUMAKURU, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

¶26

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

¶27

CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

¶28

ORAL JUDGMENT

¶29

Office has raised objection that the appeal is not maintainable before this Court since the suit is valued at Rs.12,00,000/-.

¶30

Appeal is dismissed reserving liberty to the appellants to file appeal before the appropriate Appellate Court.

¶31

¶32