IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR R.F.A.NO.2137 OF 2018 BETWEEN:
1. Sri Kondappa S/o Late Sri Kenchappa Aged about 85 years 2. Smt. H.K.Sarojamma W/o Sri Kondappa Aged about 70 years Both are R/at No.2124 7th Cross, I Main Road Vijayanagar 2nd Stage Bengaluru – 560 040 …Appellants (By Sri M.R.Krishnamurthy, Advocate) AND:
1. Sri Munikrishnappa S/o Late Kenchappa Aged about 80 years Linganahalli village Kasaba Hobli Doddaballapura Taluk Bengaluru Rural District 2. Sri Narasappa S/o Late Kenchappa Aged about 69 years Linganahalli village Kasaba Hobli Doddaballapura Taluk Bengaluru Rural District ... Respondents This RFA is filed under Section 96 of CPC against the judgment and decree dated 01.08.2018 passed in O.S.No.57/2009 on the file of Senior Civil Judge and JMFC, Doddaballapur, decreeing the suit for partition and separate possession.
This appeal coming on for orders this day, the Court made the following:
ORDER Heard the appellants’ counsel on the office objections and perused the valuation slip. In column No.4 of the valuation slip, it is mentioned that the value of 1/3rd share of the plaintiff is Rs.10,00,000/- for the purpose of jurisdiction. Section 19(1) makes it very clear that appeal lies to the District Court when the amount or valuation of the subject matter of the original suit or proceeding does not exceeds Rs.10 lakhs. In view of this, the appeal is not maintainable here. Therefore, Registry is directed to return the appeal to the appellant for being presented before the concerned District Court. The Registry is also directed to return the certified copy of the impugned judgment. The appeal shall be re-presented within 30 days from today.
Sd/- JUDGE KMV/-