IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL No.1577 OF 2018 BETWEEN:
B.R.Suresh Son of Late B.A.Radhakrishna Shetty, Aged about 45 years, Residing at F-6, S.S.D. Pearls, Udaynagar, 2nd Cross, Dr. Vishnuvardhan Road, Bangalore-560 061, earlier residing at No.212/4, 2nd Main, 7th Block, 4th Phase, Banashankari 3rd Stage, Bangalore-85. .. APPELLANT (By Sri Nagaraj S. Jain, Advocate) AND:
1. C. Janardhanaraju, Son of Narayanaraju, Aged about 61 years, No.410, J.P.Nagar, 3rd Phase, 5th Cross, Bangalore-560 078.
2. R. Nanjundappa Son of Ramaiah, Aged about 64 years, No.36, 4th Cross, Banneraghatta Road, Gurappanapalya, Bangalore-560 089, Now at Nalladahalli, Masti Hobli, Malur Taluk, Kolar Dist.
3. Smt. Mangalamma D/o. of Late Smt. Ammayyamma @ Munirathnamma, Aged about 45 years.
4. N. Naveen Kumar Son of Nanjundappa, Aged about 30 years.
Respondent No.3 and 4, Both residing at No.270, Bhalappa Layout, Anekal Taluk, Bangalore Rural Dist. .. RESPONDENTS This Regular First Appeal is filed under Section 96 of CPC, against the judgment and decree dated 29.10.2010 passed in O.S. No.454/2007, on the file of the Senior Civil Judge and JMFC, Anekal, decreeing the suit for declaration and permanent injunction.
This Regular First Appeal coming on for Orders, this day, the Court made the following:
ORDER Counsel for the appellant has filed a memo seeking withdrawal of this appeal with liberty to file the same before the appropriate Court.
In the memo, the appellant has stated that since the valuation of the appeal does not exceed Rupees Ten Lakhs, the appeal has to be instituted in the Court of District Judge, however, inadvertently, the appeal is filed before this Court.
The Registry also during the scrutiny has made an observation that since the value of the subject matter does not exceed Rupees Ten Lakhs, the appeal may not be maintainable in view of the S.19(1) of the Karnataka Civil Courts Act.
In the light of the above and the supporting submissions made by the learned counsel for the appellant on the lines of the memo, the appeal stands returned to the appellant for its presentation before the appropriate Court, within three weeks from today.
sac* Sd/- JUDGE