IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.121 OF 2019 BETWEEN Rangaswamy, Aged about 55 years, S/o. Late Rangaiah, R/at Gowdaianapalya, Tumkur District, Presently R/at H.No.1239, 5th Cross, Renukadevi Block, Behind Urdu School, Mysore-570019.
(By Sri. Manohar K.M., Advocate for Sri. Krishnamoorthy D., Advocate) AND 1. Veeraguddaiah, S/o. Late Cheluvaiah, Aged about 67 years, 2. Jayamma, D/o. Guddamma, Aged about 57 years, 3. Rajanna, S/o. Guddamma, Aged about 55 years, 4. Ambuja, W/o. Ramakumar, Aged about 47 years, …Appellant 5. Ratnamma, D/o. Guddamma, Aged about 52 years, 6. Thayamma, D/o. Guddamma, Aged about 67 years, 7. Rangaswamy, S/o. Chikkarangaiah, aged about 65 years 8. Puttaswamy, S/o. Chikkarangaiah, Aged about 63 years, 9. Puttaraju, S/o. Chikkarangaiah, Aged about 61 years, 10. Jayamma, D/o. Chikkarangaiah, Aged about 59 years, 11. Anasuya, D/o. Chikkarangaiah, Aged about 59 years, 12. Gangalakshmamma, D/o. Chikkarangaiah, Aged about 55 years, 13. Chikkanna, S/o. Guddaiah, Aged about 87 years, 14. Gangamma, W/o. Range Gowda, Aged about 75 years, 15. Ganguddaiah, S/o. Guddaiah, Aged about 83 years, R1 to R15 are R/at. Chokkenahalli Majare, Gowdaiahanapalya, Urdigere Hobali, Tumkur Taluk, Tumkur District-572101.
16. Guddamma, W/o. Rangaiah, Aged about 99 years, 17. Thimmakka, W/o. Ramaiah, D/o. Rangaiah, Aged about 77 years, 18. Mayanna S/o. Rangaiah, Aged about 76 years, 19. Guddathimmaiah, S/o. Rangaiah, Aged about 74 years, 20. Krishnappa, S/o. Rangaiah, Aged about 73 years, 21. Srinivas, S/o. Rangaiah, Aged about 72 years, R16 to R21 are R/at Bandihalli, Mydala Post, Urdigere Hobali, Tumkur-572101.
22. Bhagyamma, D/o. Late Doddaguddaiah, Aged about 57 years, 23. Chaitra, W/o. Rajesh, D/o. Late Doddaguddaiah, Aged about 29 years, 24. Govindaraju, S/o. Late Doddaguddaiah, Aged about 27 years, R22 to R24 are R/at Bandihalli, Mydala Post, Urdigere Hobli, Tumkur-572101.
25. Chikkanna, S/o. Rangaiah, Aged about 69 years, 26. Ratnamma, D/o. Rangaiah, W/o. Rangaswamy, Aged about 57 years, 27. Veeraguddaiah, S/o. Rangaiah, Aged about 52 years, 28. Sarojamma, D/o. Rangaiah, W/o. Narasimhamurthy, Aged about 50 years, 29. Sakamma, W/o. Late Chikkathimmaiah, Aged about 39 years, 30. Lakshmi Devi, D/o. Late Chikkathimmaiah, Aged about 13 years, Rep by Natural Guardian Mother Sakamma, 31. Chandre Gowda, S/o. Late Chikkathimmaiah, Aged about 10 years, Rep by Natural Guardian Mother Sakamma, 32. Nirmala, D/o. Late Rangamma, W/o. Srinivasa, Aged about 49 years, 33. Umesh, S/o. Late Rangamma, Aged about 47 years, 34. Prema, D/o. Late Rangamma, Aged about 44 years, 35. Jyothi, D/o. Late Rangamma, Aged about 42 years, 36. Swamy, S/o. Late Rangamma, Aged about 40 years, R25 to R36 are R/at Bandihalli, Mydala Post, Urdigere Hobali, Tumkur-572101.
(By Sri. Aruna Shyam M, Advocate for C/R15) …Respondents This RFA is filed under Section 96 of CPC against the order dated 05.11.2018 passed on (issue No. 4 in O.S.No.115/2012) on the file of the III Additional Senior Civil Judge and JMFC, Tumkur, answering the affirmative preliminary issue No.4.
This RFA coming on for orders this day, the court made the following:
ORDER Heard the appellant’s counsel on the office objection regarding maintainability of the appeal and perused the valuation slip. It is very clearly stated in the valuation slip that the total value of the property is Rs.98,00,000/- and the plaintiff has got 1/14th share. According to section 35 of the Karnataka Court Fees and Suits Valuation Act, court fee is to be computed on the plaintiff’s share. Plaintiff’s share comes to Rs.7,00,000/-. Therefore, the appeal is not maintainable in this court. Office objections are tenable.
2. At this juncture, the appellant’s counsel files a memo seeking permission to return the appeal papers for being presented to the court having jurisdiction. Therefore, the registry is directed to return the appeal along with certified copy of the impugned judgment to the appellant’s counsel to enable him to present the appeal in the court having jurisdiction. If the appeal is re-presented before the concerned court within thirty days from day, limitation will be saved.
Sd/- JUDGE ckl