IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.2596 OF 2019 (CPC) BETWEEN:
SRI. H.F. NAIKAR S/O MR.FAKIRAPPA HONNAPPA NAIKAR, AGED ABOUT 84 YEARS RESIDING AT NO.1591 17TH MAIN ROAD, 2ND PHASE, J.P.NAGAR, BENGALURU-560 078.
… APPELLANT (BY SRI H V MANJUNATHA, ADVOCATE) AND:
1. SRI. D. SRIDHAR S/O K.R.DEVARAJ, AGED ABOUT 64 YEARS R/AT NO.6, N.S.PALYA, AGARA VILLAGE, KENGERI HOBLI, BENGALURU-560 062.
2. MR. ABRAHAM.V.A S/O THOMAS ABRAHAM AGED ABOUT 45 YEARS 3. MRS. FLAVIA ABRAHAM W/O ABRAHAM V.A. AGED ABOUT 36 YEARS BOTH ARE R/AT NO.2065 SOBHA SUNCREST MANAVARTHEKAVAL VILLAGE, UTTARAHALLI HOBLI BENGALURU - 560 062 … RESPONDENTS (BY SRI GOWRISHANKAR C., FOR C/R3) THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, PRAYING THIS HON'BLE COURT TO CALL FOR THE RECORDS, SET ASIDE THE ORDER DATED 14.02.2019 PASSED IN O.S.NO.1647/2016 III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND THE SAID I.A.NO.II BE ALLOWED BY ALLOWING THIS APPEAL ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the appellant regarding office objection with regard to the valuation of the property.
2. Learned counsel for the appellant submits that as per the guidelines, value for the year 2017- 18 issued by Registrar’s Office, the valuation slip is produced along with the memorandum of appeal and the value of the property is more than Rs.10 lakhs per acre. The extent of the suit schedule property is 11 acres. Thus, the market value would be around Rs.25 lakhs. Therefore, the Hon’ble High Court has got the jurisdiction to try the appeal.
3. Learned counsel for the caveator - respondent No.3 submitted that the plaintiff has shown the valuation of the property as Rs.1,000/- according to the valuation slip filed before the trial Court and hence, the valuation is more than Rs.25 lakhs.
4. In view of the submission of the learned counsel for both parties, it is evident that the plaintiff has valued the property at Rs.1,000/- only. Under this circumstance, this appeal needs to be filed before the proper forum and not before the High Court.
5. Learned counsel for the appellant has filed a memo for withdrawal of the appeal seeking liberty to file before the appropriate jurisdictional Court.
6. The memo is taken on record and the appeal is dismissed as withdrawn reserving liberty to file an appeal before the appropriate Court, if permissible under law.
Sd/- JUDGE nvj