Sri Karigowda Since Deceased by His Lrs v. Sri. A.B. Nagaraju
Case brief
What is this about?
Karigowda (since deceased) by his LRs Susheela and Smt. B. Radha v. A.B. Nagaraju - RFA No. 2812 of 2025, High Court of Karnataka at Bengaluru, decided 05.01.2026 by Hon'ble Mr. Justice Sachin Shankar Magadum (oral judgment). Sole issue: maintainability of the Regular First Appeal filed under Sec.96 CPC against the decree dated 31.08.2024 in Ex. No.279/2012 dismissing an Order 21 Rule 58 r/w Sec.151 CPC application. Office objection upheld on the ground that the property is valued at Rs.75,000/- for jurisdiction, so the appeal lies before the District Judge; appeal dismissed as not maintainable with liberty to refile before the competent appellate Court and time exclusion if filed within two weeks. No precedents cited.
What did the court decide?
Appeal dismissed as not maintainable; liberty reserved to the appellants to approach the competent appellate Court; time spent before this Court to be excluded if an appeal is filed within two weeks from receipt of a copy of this order.