IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.481/2019 (Dec/Inj) BETWEEN:
1. Smt. Thimmakka W/o. Late B.H. Anjinappa Aged about 93 years 2. Smt. Siddagangamma @ Gangambike W/o. Late Niranjana Murthy Aged about 51 years 3. Sri Devaraju S/o Late Anjinappa Aged about 50 years All are R/at Byranayakanahalli Village Thyamagondlu Hobli Nelamangala Taluk Bengaluru Rural District – 562 132. (By Sri. S.N. Ashwathnarayan, Advocate) …Appellants AND:
1. Sri B.H. Gururaj S/o. Hanumantharayappa Aged about 64 years R/at Agalakuppe Village Sompura Hobli Nelamangala Taluk Bengaluru Rural District – 562 132.
2. Smt. Ammayamma W/o. A.Rajaiah Aged about 53 years 3. Sri A.Rajaiah Father’s name not known Aged about 58 years Defendant No.2 & 3 R/at Byranayakanahalli Village Thyamagondlu Hobli Nelamangala Taluk Bengaluru Rural District – 562 132.
… Respondents This RFA is filed under Order 41 rule 1 r/w Section 96 of CPC against the judgment and decree dated 27.10.2018 passed in O.S No.105/2011 on the file of the Senior Civil Judge, Nelamangala, dismissing the suit for declaration and permanent injunction.
This RFA coming on for orders this day, the Court made the following:
ORDER The valuation slip shows that the suit is valued at Rs.10,00,000/- for the purpose of pecuniary jurisdiction. Therefore, the appeal is not maintainable here. Office objection is tenable.
Return the appeal to the appellants for being presented in the Court having jurisdiction. Return the certified copy of the impugned judgment also. If the appeal is re-presented within 30 days from today, limitation is saved.
PYR Sd/- JUDGE