IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO.1346 OF 2017 Between:
1. Smt.Venkatamma, Aged 47 years, W/o. Late Chinnappa, 2. Sri.Anjinappa, Aged 57 years, S/o. Late Chinnappa, Residing at No.22, 2nd Main Road, Near Muthyalamma Temple, Jalahalli Village, Bengaluru-560 013.
3. Sri.Pillaiah, Aged 53 years, S/o. Late Chinnappa, 4. Sri.Munithimmarayappa, Aged 50 years, S/o. Late Chinnappa, 5. Smt.Gowramma, Aged 47 years, D/o. Late Chinnappa, W/o. Muniyappa, Residing at Polanahalli Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District.
6. Sri.Thimmarayappa, Aged 67 years, S/o. Late Pillappa, Sl.No.1, 3, 4 and 6 Residents of Dinne Solur Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District. …Appellants (By Sri.R.Chandranna, Advocate) And:
1. Smt.Pillamma, Aged 57 years, D/o. Late Chikka Thimmappa, Residing at Chinnahalli Village, Chikkajala Post, Jala Hobli, Bengaluru North Taluk, Bengaluru Urban District.
2. Smt.Siddamma, Aged 55 years, D/o.Late Chikka Thimmappa, Residing at Yellahalli Village, Keshavara Post, Nandi Hobli, Chikkaballapura Taluk, Chikkaballapura District.
3. Smt.Thimmakka, D/o.Late Chikka Thimmappa, W/o. Late Narasimhappa, Since deceased by her legal heir, Smt.Jayalakshmamma, Aged 31 years, Residing at Chinnahalli Village, Chikkajala Post, Jala Hobli, Bengaluru North Taluk, Bengaluru Urban District.
4. Smt.Chinnamma, Aged 47 years, D/o. Late Chikka Thimmappa, W/o. Muniyappa, Residing at Holegerapura Village, Sulibele Post & Hobli, Hoskote Taluk, Bengaluru Rural District.
5. Sri.Hanumantharayappa, S/o. Late Chinnappa, Residing at Dinne Soluru Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District.
Since dead by his LRs., i.e., the respondent No.6, his wife 6. Smt.Anjinamma, Aged about 67 years, Residing at Yellahalli Village, Nandi Hobli, Chikkaballapura Taluk, Chikkaballapura District. …Respondents This Regular First Appeal is filed under Section 96 read with order XLI Rule 1 of CPC., against the judgment and decree dated: 03.11.2015 passed in O.S.No.20/2010 on the file of the Senior Civil Judge and JMFC., Devanahalli, decreeing the suit for partition, declaration and mesne profits.
This Regular First Appeal coming on for Orders, this day, the Court made the following:
ORDER Appellants’ counsel is present. He submits that since the total valuation of the suit property is Rs.40,00,000/-, appeal is maintainable here. But in the valuation slip, it is clearly mentioned that the valuation of plaintiffs’ share is Rs.10,00,000/-. It is the value of the plaintiffs share which determines the jurisdiction. Therefore, this appeal has to be presented before the District Court.
Now the appellants’ counsel submits that he will withdraw the appeal to re-present the same before the District Court. Hence, appellants are permitted to withdraw the appeal.
Registry is directed to return the papers to the appellants’ counsel.
Appeal shall be re-presented before the District Court within a period of 30 days from today.
Sd/- JUDGE NS