Sri Ramachandregowda @ Ramachandra N v. Sri Raju
Case brief
What is this about?
Maintainability of Regular First Appeal before Karnataka High Court; pecuniary jurisdiction determined by valuation slip valuing plaintiff's 1/5th share at Rs.7,86,300/-; appeal lies before District Court under Section 96 CPC; RFA dismissed as not maintainable; liberty to refile before competent appellate court with Section 14 Limitation Act benefit if filed within two weeks; partition decree dated 26.06.2023 in O.S.No.258/2017, Senior Civil Judge and JMFC Kanakapura; no precedent relied upon.
What did the court decide?
Appeal dismissed as not maintainable; liberty reserved to the appellant to approach the Competent Appellate Court under Section 96 of Civil Procedure Code; if the appeal is filed within two weeks, time spent before this Court to be excluded under Section 14 of the Limitation Act; Registry directed to return all certified copies forthwith after securing photocopies.