Smt Nagarathna v. Sri C E Yathiraj

Karnataka HC29 Jun 2026MFA/1630/2024

Case brief

AI extract

What is this about?

NC: 2026:KHC:32013 | MFA No. 1630 of 2024 (CPC), High Court of Karnataka, decided 29-06-2026 by Pradeep Singh Yerur, J. Maintainability of miscellaneous first appeal where subject value is below Rs.10,00,000/-; Section 19(1) Karnataka Civil Courts Act; appeal disposed of as not maintainable on Registry objection; liberty to approach appropriate forum; time spent condoned; challenge to dismissal of interim injunction application (Order XXXIX Rules 1 & 2 r/w Section 151 CPC) in R.A.No.20/2022 left undecided on merits.

What did the court decide?

Appeal disposed of as not maintainable; liberty reserved to the appellants to prefer appropriate proceedings before the appropriate forum, with time spent in the appeal condoned. ¶¶45

Smt Nagarathna Vs Sri C E Yathiraj — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:32013 MFA No. 1630 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1630 OF 2024 (CPC)

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BETWEEN:

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SMT. NAGARATHNA, W/O LATE K. NINGE GOWDA, AGED ABOUT 75 YEARS,

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SRI. C.N. YOGENDRA KUMAR, S/O LATE K.NINGE GOWDA, AGED ABOUT 56 YEARS,

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SRI. C.N. GURUPRASAD S/O LATE K. NINGE GOWDA, AGED ABOUT 54 YEARS,

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

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Location: HIGH COURT OF KARNATAKA

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SRI. C.N LINGARAJ S/O LATE K. NINGE GOWDA, AGED ABOUT 54 YEARS, APPELLANTS 1 TO 4 ARE RESIDING AT CHIKKADALORE VILLAGE, DUDDA HOBLI HASSAN TALUK PIN 573 201.

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SMT. C.N SAVITHA D/O LATE NINGE GOWDA, W/O NAGARAJU, AGED ABOUT 50 YEARS, R/O KAVALIKERE VILLAGE, KASABA HOBLI, HASSAN TALUK PIN 573 220.

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…APPELLANTS

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(BY SRI. K.S. GANESHA.,ADVOCATE (ABSENT))

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NC: 2026:KHC:32013 MFA No. 1630 of 2024

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HC-KAR

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AND:

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SRI. C.E. YATHIRAJ, S/O LATE C.K. EREGOWDA, AGED ABOUT 49 YEARS,

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SRI. C.R. VASANNA GOWDA S/O LATE C.K. EREGOWDA, AGED ABOUT 48 YEARS,

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SRI. KUPPE GOWDA S/O LATE MALLEGOWDA AGED ABOUT 74 YEARS,

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SRI. NANJE GOWDA S/O LATE MALLEGOWDA, AGED ABOUT 72 YEARS,

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SRI. DEVARAJE GOWDA S/O LATE MALLEGOWDA, AGED ABOUT 68 YEARS,

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SRI. C.K PRAVEEN KUMAR S/O LATE KUMARASWAMY, AGED ABOUT 46 YEARS,

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SMT. C.K. SANGEETHA D/O LATE KUMARASWAMY, AGED ABOUT 40 YEARS,

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SRI VASANTHA KUMARI W/O LATE KUMARASWAMY, AGED ABOUT 70 YEARS,

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RESPONDENTS 1 TO 8 ARE RESIDING AT CHIKKADALORE VILLAGE, DUDDA HOBLI HASSAN TALUK PIN 573 220.

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3 - NC: 2026:KHC:32013 MFA No. 1630 of 2024

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HC-KAR

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SRI. C.N SURESH S/O LATE K. NINGEGOWDA, AGED ABOUT 54 YEARS, RESIDING AT CHIKKADALORE VILLAGE, DUDDA HOBLI, HASSAN TALUK, PIN -573 220.

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…RESPONDENTS

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THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.14.12.2023 PASSED ON IA NO.2 IN R.A.NO.20/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, DISMISSING IA NO.2 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC.

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

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL JUDGMENT

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Registry has raised objection with regard to

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maintainability of the appeal on the ground that the subject value of the appeal is less than Rs.10,00,000/-. Therefore, as contemplated under Section 19(1) of the Karnataka Civil Courts Act, this appeal is not maintainable.

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2. Objection is sustained. Appeal is disposed of

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as not maintainable. Reserving liberty to the appellants to

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NC: 2026:KHC:32013 MFA No. 1630 of 2024

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HC-KAR

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prefer appropriate proceedings before the appropriate forum. Time spent herein shall be condoned.

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