Sri. Mahadevappa Dead by Her Lrs Smt. Parvathamma Vs Lingappa Dead by Lrs Puttaswamy — Karnataka HC (2026) — LawSathi Research

Sri. Mahadevappa Dead by Her Lrs Smt. Parvathamma Vs Lingappa Dead by Lrs Puttaswamy — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; purely procedural: appeal dismissed as not maintainable, with liberty reserved to the appellants to approach the appropriate Forum, exclusion of time spent before this Court under the Limitation Act, 1963, and return of certified copies to appellants' counsel.

Issue for consideration

Maintainability of the Miscellaneous First Appeal before the High Court of Karnataka, given that the subject value of the appeal is less than Rs. 10,00,000/- under Section 19(1) of the Karnataka Civil Courts Act, 1964.

Court's answer

The Registry's objection to maintainability (subject value below Rs. 10,00,000/- under Section 19(1) of the Karnataka Civil Courts Act, 1964, undisputed by the respondents' counsel) is sustained, and the appeal is held not maintainable.

Ratio / Principle

As part of dismissing the appeal as not maintainable, liberty is reserved to the appellants to file such proceedings as may be permissible in law before the appropriate Forum, and the time spent agitating the matter before this Court shall be excluded in accordance with the provisions of the Limitation Act, 1963.

Detailed headnote1 paragraphs

HIGH COURT OF KARNATAKA AT BENGALURU (MFA No. 7490 of 2025 (CPC), decided 20-07-2026 by Hon'ble Mr. Justice Pradeep Singh Yerur): Miscellaneous First Appeal filed under Order XLIII Rule 1(t) of CPC seeking setting aside of the order dated 06.06.2025 in Civil Misc. No. 11/2018 and consequently the order dated 23.10.2017 in R.A. No. 38/2013, with a direction to the Learned Senior Civil Judge and JMFC, Malavalli to dispose of R.A. No. 38/2013 on merits. On a Registry objection that the subject value of the appeal is below Rs. 10,00,000/- under Section 19(1) of the Karnataka Civil Courts Act, 1964 — an objection not disputed by the respondents' counsel — the Court held the appeal not maintainable and dismissed it, reserving liberty to the appellants to seek permissible remedies before the appropriate forum and directing exclusion of the time spent before the High Court under the Limitation Act, 1963.

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HC-KAR

NC: 2026:KHC:37281 MFA No. 7490 of 2025

CNR: KAHC010667202025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JULY, 2026 BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 7490 OF 2025 (CPC)

BETWEEN:

SRI MAHADEVAPPA DEAD BY HER LRS.

SMT. PARVATHAMMA W/O. LATE MAHADEVAPPA AGED ABOUT 65 YEARS. (SHE IS DEAD AND LRS. ARE: 1 TO 3).

SRI SHANKARA

S/O. LATE MAHADEVAPPA AGED ABOUT 52 YEARS.

SRI MAHESH S/O. LATE MAHADEVAPPA AGED ABOUT 50 YEARS.

SRI PRABHU

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

Location: HIGH COURT OF KARNATAKA

S/O. LATE MAHADEVAPPA AGED ABOUT 48 YEARS.

SRI H.C. SHANKARAPPA S/O. CHENNABASAPPA AGED ABOUT 37 YEARS.

ALL ARE R/O: HANGRAPURA VILLAGE KIRUGAVALU HOBLI, MALAVALLI TQ. MANDYA DIST. - 571 430.

…APPELLANTS

(BY SRI P.S. MALIPATIL, ADVOCATE)

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HC-KAR

NC: 2026:KHC:37281 MFA No. 7490 of 2025

CNR: KAHC010667202025

AND:

LINGAPPA, DEAD BY LRS.

PUTTASWAMY S/O. LATE LINGAPPA AGED ABOUT 57 YEARS R/O: CHIKKABANAVARA MAIN ROAD KEREGUDDADAHALLI BENGALURU - 560 090.

MAHADEVAMMA W/O. NANJAPPA AGED ABOUT 60 YEARS R/O: KARAPATANAHALLI NEGARANAHALLI VILLAGE YESHWANTHPURA HOBLI UTTARAHALLI TQ. BENGALURU - 560 061.

SUNDARAMMA W/O. MAHESH AGED ABOUT 50 YEARS R/O: KP AGRAHARA 25^TH CROSS ROAD NEAR MAHADESHWARA TEMPLE BENGALURU - 560 023.

SMT. SHIVAMMA W/O. NINGAPPA AGED ABOUT 62 YEARS R/O: SUJALAPURA VILLAGE KIRUGAVALU HOBLI MALAVALLI TQ. MANDYA DIST.- 571 430.

SMT. PARVATHAMMA W/O. MAHADEVAPPA AGED ABOUT 65 YEARS R/O: RAVANI VILLAGE

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NC: 2026:KHC:37281 MFA No. 7490 of 2025

HC-KAR

CNR: KAHC010667202025

MALAVALLI TQ. MANDYA DIST. - 571 430.

MAHADEVAPPA S/O. LINGAPPA AGED ABOUT 65 YEARS R/O: HANGARAPURA VILLAGE KIRUGAVALU HOBLI MALAVALLI TQ. MANDYA DIST. - 571 430.

…RESPONDENTS

THIS MFA IS FILED UNDER ORDER XLIII RULE 1(T) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 06.06.2025 PASSED IN CIVIL MISC.NO.11/2018 AND CONSEQUENTLY, ALLOW THE MISC. BY SETTING ASIDE THE ORDER DATED 23.10.2017 PASSED IN R.A.NO.38/2013, BY DIRECTING THE LEARNED SENIOR CIVIL JUDGE AND JMFC, MALAVALLI TO DISPOSE OF R.A.NO.38/2013 ON MERITS.

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

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

Learned counsel for appellants is present.

Registry has raised objection regarding the

maintainability of the present appeal on the ground that the subject value of the appeal is less than ₹10,00,000/-, in view of Section 19(1) of the Karnataka Civil Courts Act,

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HC-KAR

NC: 2026:KHC:37281 MFA No. 7490 of 2025

CNR: KAHC010667202025

The said objection is not disputed by the learned counsel for respondents.

The objection raised by Registry is sustained. Consequently, the appeal is held to be not maintainable. Accordingly, the appeal is dismissed as not maintainable.

Liberty is reserved to the appellants to file such proceedings as may be permissible in law before the appropriate Forum.

The time spent in agitating the matter before this Court, shall be excluded in accordance with the provisions of the Limitation Act, 1963.

Registry shall return the certified copies to the learned counsel for appellants.

Sd/(PRADEEP SINGH YERUR) JUDGE

CPN\List No.: 1 Sl No.: 8