Sri Anthoni Thamson v. Sri Shamson
Case brief
What is this about?
Anthoni Thamson v. Shamson, Wilson, Anthoni Elija and Helan Fathima - RFA No. 1466 of 2025 (Par), Karnataka High Court, Justice Sachin Shankar Magadum, decided 03.07.2025. Appeal under Sec.96 CPC from decree dated 20.12.2024 in O.S.No. 9/2020 (Civil Judge and Additional JMFC, Tarikere) dismissing a suit for recovery of money. Held not maintainable before the High Court as plaintiff's 1/5th share valued at Rs.80,000/-; Office objection upheld; appeal dismissed with liberty to move the appropriate appellate Court within four weeks and benefit of Section 14 of the Act (time exclusion); certified copies to be returned on furnishing photocopies.
What did the court decide?
Appeal dismissed as not maintainable; liberty reserved to the appellant to prefer an appeal before the appropriate appellate Court within four weeks, with time spent before this Court excluded under Section 14 of the Act; Registry to return the certified copy of the judgment and decree upon the appellant furnishing photocopies.