IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1969/2018 ( PAR) BETWEEN:
1. SRI SANNAPAPEGOWDA S/O LATE TIPPEGOWDA, DEAD BY LRS (A) SMT. KALYANAMMA W/O LATE SANNAPAPEGOWDA, AGED ABOUT 51 YEARS (B) SRI. BASAVARAJU S/O LATE SANNAPAPEGOWDA, AGED ABOUT 31 YEARS BOTH ARE R/AT KANIVE KOPPALU VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK MANDYA DISTRICT-571434. (BY SRI. SANNE GOWDA S, ADVOCATE) AND 1. SRI K M RAJU S/O SANNAMANCHEGOWDA AGED ABOUT 30 YEARS ... APPELLANTS 2. SRI. SANNMANCHEGOWDA S/O LATE TIPPEGOWDA AGED ABOUT 66 YEARS.
3. SRI.K.M.MANJU S/O SANNAMANCHEGOWDA AGED ABOUT 34 YEARS 4. SMT. LAXMI D/O SANNAMANCHEGOWDA AGED ABOUT 36 YEARS, ALL ARE R/AT KANIVE KOPPALU VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK MANDYA DISTRICT-571434.
... RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE ORDER DATED 09.06.2008 PASSED IN O.S.NO.156/2007 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC, PANDAVAPURA, HOLDING THAT THE PLAINTIFF/RESPONDENT NO.1 IS ENTITLED TO 1/8th SHARE IN THE SUIT SCHEDULE PROPERTIES, BY DIVIDING THE PROPERTIES BY MEETS AND BOUNDS AND PUT THE PLAINTIFF TO HIS SEPARATE POSSESSION AND ENJOYMENT OF THE SAME.
THIS RFA COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The judgment of the Civil Judge, Junior Division & JMFC, Pandavapura in the suit for partition is challenged in the High Court. Rightly, the office has raised objections with regard to maintainability. This appeal is dismissed as not maintainable here giving liberty to the appellant to prefer an appeal in the court having jurisdiction.
Sd/- JUDGE PYR