IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.2165 OF 2006 Between:
1. Sri.Y.M.Gopal S/o Muniswamy Aged 54 years 2. Kum.Anuradha W/o Muniraju Aged 29 years 3. Sri. Arun Kumar, S/o Y.M.Gopal, Aged 27 years 4. Sri.Mukesh Kumar S/o Y.M.Gopal Aged 35 years 5. Sri.Manjunath S/o Y.M.Gopal Aged 22 years.
Yeluvaguli Village,Tekal Hobli, Malur Taluk, Kolar District. ... Appellants (By Sri.J.G.Chandramohan, Advocate) And:
Sri.T.V.Muniyappa S/o Vattappa, Since dead by LRs 1. Smt.Muniyamma Aged about 64 years 2. T.M.Venkatagiriyappa Aged about 46 years LR No.1 is widow and LR No.2 is Son of Respondent late T.V.Muniyappa, Both are R/o Tekal Village, Malur Taluk, Kolar District.
3. Smt.Chinnamma, W/o Chikkasolappa, D/o. Late T.V.Muniyappa Aged about 42 years, Tekal Village, Malur Taluk, Kolar District. ... Respondents This Regular First Appeal is filed under Section 96 of CPC., against the judgment and decree dated 16.6.2006 in O.S.No.261/2000 on the file of the I Addl. Civil Judge (Sr.Dn) Kolar, dismissing the suit for damages.
This Regular First Appeal coming on for Orders, this day, the Court delivered the following:
ORDER Heard the appellants’ counsel.
The plaintiffs claim damages of Rs.1,15,000/- with interest at the rate of 18% p.a. Therefore, the value of subject matter of the suit is Rs.1,15,000/-. The appeal has to be filed before the District Court and not before this Court. Therefore, at the request of appellants’ counsel, the appeal is returned to the appellants for being re-presented before the concerned jurisdictional Court within thirty days from today.
Registry is directed to return the certified copy of the impugned judgment.
Sd/-
JUDGE UN