IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.650 OF 2019 BETWEEN G.N.Haleshappa, S/o. Late Nagappa, Aged about 45 years, Agriculturist, R/o. Gandhi Nagar Village, Anagodu Hobli, Davanagere Taluk & District-577556.
(By Sri. G.J.Sunkapur, Advocate) AND 1. Smt. Mahadevaka, W/o. Late Nagappa, Aged about 72 years, Housewife, R/o. Gandhi Nagar Village, Anagodu Hobli, Davanagere Taluk & District -577556.
2. Smt. Ratnamma @ Chandrakala, Dead by LR’s (R3 to R5) 3. G.C.Chandrashekarappa, S/o. Channappa, Aged about 62 years, …Appellant R/o. Nagarakatte Village, Davanagere Taluk & District-577001.
4. Santhosh, S/o. G.C.Chandrashekarappa, Aged about 28 years, R/o. Nagarakatte Village, Davanagere Taluk & District-577001.
5. G.N.Manasa, W/o. Manjappa, Aged about 26 years, R/o. Nagarakatte Village, Davanagere Taluk & District-577001.
6. Smt. Shankuntalamma, W/o. Basavanagowdru, S/o. Mallangowda, Age 47 years, R/o. Hakari Shiranahalli Village, Harapanahalli Taluk, Davanagere District-583131.
7. G.N.Patreppa, S/o. Late Nagappa, Age 42 years, Work at GMIT Hostel, R/o. GMIT Hostel, P B Road, Davanagere – 577001.
8. G.N.Manjappa, S/o. Late Nagappa, Age 40 years, Agriculturist, R/o. Gandhi Nagar Village, Anagodu Hobli, Davanagere Taluk & District-577556.
9. G.N.Manasa W/o. Manjappa G.M., Age 40 years, Housewife, R/o. Gandhi Nagar Village, Anagodu Hobli, Davanagere Taluk & District-577556.
…Respondents This RFA is filed under Order 41 Rule 1 read with Section 96 of CPC against the judgment and decree dated 14.12.2018 passed in O.S.No.61/2017 on the file of the III Additional Senior Civil Judge and JMFC, Davanagere, partly decreeing the suit for partition and separate possession.
This RFA coming on for orders, this day, the Court made the following :
ORDER Heard the appellant’s counsel. According to the valuation slip, the total value of the property in respect of which partition suit was filed is Rs.40,00,000/- and the plaintiff is claiming 1/4th share in the same. His share comes to Rs.10,00,000/-. If the valuation of the subject matter of appeal is up to Rs.10,00,000/-, the appeal is maintainable in the District Court. Therefore rightly the office has raised objection. The appellant’s counsel prays for returning of the appeal. Therefore Registry is directed to return the appeal to the appellant to enable him to re-present the same before the concerned District Court within 30 days from today. Return the certified copy of the impugned judgment also.
Sd/- JUDGE sd