Case brief
What is this about?
Single-judge RFA decision of the Karnataka High Court (Sachin Shankar Magadum, J., 09.01.2026) dismissing RFA No.1093 of 2025 as not maintainable for want of pecuniary jurisdiction. Appeal under Section 96 CPC against dismissal of partition suit O.S.No.93/2020 (Senior Civil Judge and JMFC, Gubbi); Office objection under Section 19(1) of the Karnataka Civil Courts Act sustained because plaintiff's half-share valuation was below Rs. 10,00,000/- (total assumed at Rs. 16,50,000/-). Section 14, Limitation Act 1963 time-exclusion granted subject to refiling before the District Court within two weeks. Keywords: partition suit, court fee, pecuniary jurisdiction, plaintiff's share, maintainability, RFA dismissed, Karnataka Civil Courts Act, Limitation Act, Gubbi, Tumkur.
What did the court decide?
Registry directed to forthwith return the certified copy of the impugned judgment to the appellant; time spent prosecuting the appeal before this Court to stand excluded by extending the benefit under Section 14 of the Limitation Act, 1963, provided the appeal is presented before the jurisdictional District Court within two weeks from receipt of the order copy and the certified copies.