Sri Chethan K J v. Smt Sowbhagya B E

Karnataka HC27 Oct 2025RFA/1974/2025

Case brief

AI extract

What is this about?

Karnataka HC RFA 1974/2025 (Chethan K J v. Sowbhagya B E & Anr.) — appeal under S.96 CPC against rejection-of-plaint order (O.VII R.11(a and d) CPC) dated 24.07.2025 in OS 30/2024, II Addl. Senior Civil Judge & JMFC Nelamangala; on memo dated 13.10.2025 under O.7 R.10 r/w S.151 CPC citing Karnataka Civil Courts Act amendment upheld 24/09/2025 (earlier stayed in WP 201536/2024), appeal memo returned for filing before appropriate forum (Bangalore Rural Court per memo) with 30 days; appeal disposed of for statistical purpose.

What did the court decide?

Return of the appeal memo and appeal papers to the appellant for presentation before the appropriate forum, with 30 days' time granted to present the appeal; appeal disposed of for statistical purpose. ¶¶38

Sri Chethan K J Vs Smt Sowbhagya B E — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in view of the amendment to the Karnataka Civil Courts Act shifting appellate jurisdiction to the District Courts (stay in W.P.No.201536/2024 having ended with the amendment upheld by order dated 24/09/2025), the appeal filed before this Court should be returned to the appellant for presentation before the appropriate forum, with time to re-present.

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Court's answer

Accepting the appellant's memo, the Court ordered the appeal memo to be returned to the appellant to present the same before the appropriate forum, and granted 30 days' time to present the appeal before that forum.

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Ratio / Principle

Registry was directed to return the appeal papers to the learned counsel for the appellant after obtaining a photocopy of the same.

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Detailed headnote1 paragraphs

RFA No.1974 of 2025 (High Court of Karnataka, Bengaluru; bench: Anu Sivaraman and Vijaykumar A. Patil JJ.; oral judgment per Vijaykumar A. Patil J.), decided 27.10.2025. Appeal under Section 96 CPC against the order dated 24.07.2025 of the II Additional Senior Civil Judge and JMFC, Nelamangala, allowing IA No.II in OS No.30/2024 filed under Order VII Rule 11(a and d) CPC for rejection of plaint. At admission, the appellant filed a memo dated 13.10.2025 under Order 7 Rule 10 read with Section 151 CPC submitting that, after the amendment to the Karnataka Civil Courts Act conferring jurisdiction on the District Courts (previously stayed in W.P.No.201536/2024) was upheld by order dated 24/09/2025, the appeal had to be presented before the Bangalore Rural Court. The Court accepted the memo: the appeal memo was ordered to be returned for presentation before the appropriate forum with 30 days' time; the Registry was directed to return the appeal papers to the appellant's counsel after taking a photocopy; and the appeal was disposed of for statistical purpose. No precedent was engaged with; no substantive ruling on the rejection-of-plaint order was made.

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NC: 2025:KHC:42583-DB RFA No. 1974 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF OCTOBER, 2025

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1974 OF 2025 (PAR)

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BETWEEN:

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SRI CHETHAN K J S/O. LATE. K. M. JAYADEVALAH, AGED ABOUT 36 YEARS, RESIDING AT NO. 13, MANTHESHWARA LAYOUT ANDRAHALLI MAIN ROAD, NEAR SATHYA SAI MODERN PUBLIC SCHOOL, LAKSHMIPURA POST, DASANAPURA HOBLI, BANGALORE NORTH TALUK-562162.

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…APPELLANT

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Digitally signed by RUPA V Location: High Court Of Karnataka

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(BY SMT. PATIL J M., ADVOCATE)

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AND:

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SMT. SOWBHAGYA B E W/O LATE K. M. JAYADEVAIAH, AGED ABOUT 56 YEARS.

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SRI. YASHWANTH. K.J. S/O LATE K. M. JAYADEVAIAH, AGED ABOUT 28 YEARS,

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BOTH ARE RESIDING AT

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NC: 2025:KHC:42583-DB RFA No. 1974 of 2025

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HC-KAR

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KACHOHALLI VILLAGE, LAKSHMIPURA POST, DASANPURA HOBLI, BANGALORE NORTH TALUK-562162.

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…RESPONDENTS

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(BY SRI. KANTHARAJ H., SENIOR ADVOCATE FOR SRI. RAVI H. K., ADVOCATE FOR C/R1 & R2)

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THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 24.07.2025 PASSED ON IA NO.II IN OS NO.30/2024 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT NELAMANGALA., ALLOWING THE IA NO.II FILED UNDER ORDER VII RULE 11(a and d) OF CPC., FOR REJECTION OF PLAINT.

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

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

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HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

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Learned counsel for the appellant has filed a memo dated

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13.10.2025 for return of the appeal memo.

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Memo reads as under:

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"THE APPELLANT FILES A MEMO UNDER ORDER 7 RULE 10 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE FOR RETURN OF APPEAL TO PRESENT IT BEFORE THE JURISDICTIONAL COURT.

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NC: 2025:KHC:42583-DB RFA No. 1974 of 2025

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HC-KAR

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The Appellant in the above matter humbly submits that the appellant had filed the above appeal challenging the order passed by the Hon'ble II Additional Civil Senior Judge & JMFC, Nelamangala, it is further submitted that the State Government had brought the amendment to the Karnataka Civil Courts Act and the jurisdiction was given to the District courts and the same was stayed in W.P.No.201536/2024 and the same was pending consideration, hence the above appeal was filed before this Hon'ble Court and now 24/09/2025 the order is passed and upheld the amendment in view of the above order the above appeal has to be filed before the Bangalore Rural Court, hence it is humbly prayed that this Hon'ble Court be please to direct the registry to return the Appeal to enable the appellant to present the same before the appropriate court and also prayed that some time may be granted to the appellant to represent the same, hence it is prayed that this Hon'ble Court to return the appeal to the appellant in the interest of justice and equity."

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In view of the aforesaid memo, the appeal memo is

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ordered to be returned to the appellant to present the same before the appropriate forum. 30 days time is granted to present the appeal before the appropriate forum.

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NC: 2025:KHC:42583-DB RFA No. 1974 of 2025

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HC-KAR

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