Sri G Ashwathnarayan v. Smt. Chinnamma
Case brief
What is this about?
NC: 2026:KHC:4408 | Karnataka HC (Bengaluru), Sachin Shankar Magadum J., 27-01-2026 | RFA No. 877 of 2025 (PAR) under Sec. 96 CPC vs. decree dated 19.04.2024 in O.S. No. 959/2021 (Prl. Sr. Civil Judge & JMFC, Anekal) decreeing partition and separate possession | Appeal dismissed as not maintainable: subject matter (plaintiff's 1/9th share of properties valued Rs. 25,00,000/-) below Rs. 10,00,000/-; High Court lacks pecuniary jurisdiction | Liberty to refile before competent District Court; certified copies to be returned; Section 14 Limitation Act 1963 time-exclusion benefit if refiled within three weeks | Parties: G. Ashwathnarayan (LR of deceased defendant No. 17 G. Govindappa) v. Chinnamma and 21 others (incl. LRs of deceased defendants M. Mahadeva and Papamma's line).
What did the court decide?
Appeal dismissed as not maintainable for want of pecuniary jurisdiction; liberty reserved to the appellant to present the appeal before the competent District Court; Registry directed to return all certified copies to the appellant (retaining photocopies for record purposes); benefit of Section 14, Limitation Act, 1963 extended if the appeal is instituted before the District Court within three weeks of receipt of a copy of the order.