IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL No.1646 OF 2019 BETWEEN:
1. Smt. Jayamma W/o. Late Lakshmanashetty, Aged 49 years.
2. Sri. Krishnamurthy @ Rangashetty, S/o. Late. Guddada Rangashetty, Aged 54 years.
3. Sri. Ramamurthy B.R. S/o. Rangashetty, Alias Krishna Murthy. Aged 30 years.
All 3 residing at Bilekallahalli Village, Uddeboranahalli Post, Lakya Hobli, Chikkamangaluru Taluk & District-577 101.
(By Sri Sriram Singh, Advocate) .. APPELLANTS AND:
1. Smt. Mala W/o late Chandrashetty Aged 49 years, Bilikallahalli Village, Uddeboranahalli Post Lakya Hobli, Chikkamangaluru Taluk & District-577 101.
2. Smt. Sharadamma W/o Thimmashetty Aged 58 years, # Opp. to KadleMuruthanna House Laxmipura Extention Javagal Post, Arasikere Taluk, Hassan District-577 101.
3. Smt Laxmidevi W/o Rajappa Shetty Aged 54 S. Bidare Village, Sakarayapattana Hobli, Kadur Taluk, Chikkamangaluru District-573 201.
4. Smt Prema W/o Shekarshetty Aged about 50 years, Bilikallahalli Village, Uddeboranahalli Post Lakya Hobli Chikkamangaluru Taluk & District-577 101.
.. RESPONDENTS This Regular First Appeal is filed under S.96 of CPC against the judgment and decree dated 29.05.2019 passed in O.S. No.112/2015, on the file of the Principal Senior Civil Judge and CJM., Chikkamagaluru, partly decreeing the suit for partition and separate possession.
This Regular First Appeal coming on for Orders, this day, the Court made the following:
ORDER Learned counsel for the appellants has filed a memo seeking return of the appeal memo for presenting the same before the jurisdictional Court.
The Office also has raised an objection regarding maintainability of this appeal in view of S.19(1) of the Karnataka Civil Courts Act as the plaintiff’s share value does not exceed Rupees Ten Lakhs.
In view of the above, the appeal stands returned to the appellants for presenting the same before the jurisdictional District Court, within three weeks from today.
sac* Sd/- JUDGE