IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.1932 OF 2019 BETWEEN:
Smt. Muni Nanjamma, W/o Sri Srinivasa Reddy, D/o Late Rama Reddy, Aged about 46 years, R/a.Marasandra Village, Hesaraghatta Hobli, Bangalore North Taluk, Bangalore-560 088.
Now R/a.Addevishwanathpura, Hesaraghatta Hobli, Bangalore North Taluk, Bangalore – 560 088. .. Appellant ( By Sri Subramanya H.V., Advocate ) AND:
1. Smt. Bhagyamma, W/o Hanumantha Reddy, Aged about 49 years, R/a.Mudenahalli Village, Harohalli Hobli, Kanakapura Taluk, Bangalore Rural District, Bangalore-562 117.
2. Smt.Netravathi, D/o Late Rama Reddy, Aged about 45 years, R/a Marasandra Village, Hesaraghatta Hobli, Bangalore North Taluk, Bangalore-560 088.
3. Smt.Parvathamma, W/o Late Rama Reddy, Aged about 74 years, R/a Marasandra Village, Hesaraghatta Hobli, Bangalore North Taluk, Bangalore-560 088.
4. Sri Narayana Reddy, S/o Rama Reddy, Aged about 59 years, R/a Adde Vishwanathapura Village, Hesaraghatta Hobli, Bangalore North Taluk, Bangalore-560 088.
5. Sri Manjunatha Reddy, S/o Late Rama Reddy, Aged about 44 years, R/a Marasandra Village, Hesaraghatta Hobli, Bangalore North Taluk, Bangalore-560 088.
6. Smt.Bhagyamma, W/o Late Krishna Reddy, Aged about 48 years, R/a Rajanukunte Village Hesaraghatta Hobli, Bangalore North Taluk, Bangalore-560 088.
7. Sri Shreyas, S/o Late Krishna Reddy, Aged about 24 years, R/a Rajanukunte Village, Hesaraghatta Hobli, Bangalore North Taluk, Bangalore-560 088.
8. Kum.Shravathi, D/o Late Krishna Reddy, Aged about 20 years, R/a Rajanukunte Village, Hesaraghatta Hobli, Bangalore North Taluk, Bangalore-560 088.
9. Sri Muni Reddy, S/o Late Rama Reddy, Aged about 41 years, R/a Adde Vishwanathapura Village, Hesaraghatta Hobli, Bangalore North Taluk, Bangalore-560 088.
10. Smt.Saraswathamma, W/o Nanjappa Reddy, Aged about 57 years, R/a.No.175, Byrasandra C.V.Raman Nagar Post, Bangalore-560 093.
11. Smt.Rathnamma, W/o Janardhan Reddy, Aged about 42 years, R/a.No.5, Manjunatha Nilaya, 1st B Main Road, Venkategowda Layout, Hebbala, Bengaluru-560 024.
12. Smt.Shivamma, W/o Late C.M.Shambaiah, Aged about 51 years, R/a.No.506/2, Lidkar Colony, Vinir Mill Cross, Mahadevapura Main Road, Udayagiri, Mysore-19.
13. Sri V.G.Nanja Reddy, S/o Late Gidda Reddy, Aged about 89 years, R/a.Adde Vishwanathapura Village, Hesaraghatta Hobli, Bangalore North Taluk, Bangalore-560 088.
14. Smt.Ammayamma, W/o Late D.Muniraju, Aged about 85 years, R/a.No.95, 4th Cross, Vittal Nagar, Chamarajpet, Bangalore-560 015.
15. M/s.The Hindustan Builders, No.36, 17th Main, 7th Cross, 1st Stage, 1st Phase, BTM Layout, Bangalore-560 029, Reptd. By its Partner, Sri T.B.Raju. .. Respondents This Regular First Appeal is filed under Section 96 r/w Order 41 Rule 1 of CPC, against the judgment and decree dated 18.3.2019, passed in O.S.No.599/2004, on the file of the IV Addl.Senior Civil Judge, Bengaluru Rural District, Bengaluru, dismissing the suit for partition.
This Regular First Appeal coming on for Orders, this day, the Court made the following:
ORDER Learned counsel for the appellant submits that in view of the office objection that the pecuniary value of the plaintiffs’ share will not exceed `10 lakhs, the appeal would not lie before this Court, as such, the appeal be returned to him for its presentation before the appropriate Court.
Since the said submission is further corroborated by the office objection regarding maintainability of this appeal in view of Section 19(1) of the Civil Courts Act, the appeal requires to be returned to the appellant to present it before the appropriate Court.
Accordingly, the Appeal stands returned to the appellant, with liberty to the appellant to file it before the appropriate Court within a period of three weeks from today.
Sd/- JUDGE bk/