IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO.1473 OF 2017 BETWEEN:
VOKKALIGARA PUTTAMMA W/O. LATE BORAIAH, MAJOR, (DEAD LEAVING BEHIND PLAINTIFF AND DEFENDANTS) 1. VOKKALIGARA SARASWATHI D/O. LATE BORAIAH, MAJOR, VOKKALIGARA DEVAMMA D/O. LATE BORAIAH, SINCE DECEASED BY HER LRS., 2. SRI. V. R. ASHOK, S/O. LATE VOKKALIGARA DEVAMMA, AGED ABOUT 59 YEARS.
3. SRI. V. R. RAGHU S/O. LATE VOKKALIGARA DEVAMMA, AGED ABOUT 57 YEARS.
ALL 1 TO 3 ARE RESIDENTS OF KUTTA, SOUTH KODAGU.
VOKKALIGARA BOJI D/O. LATE BORAIAH, SINCE DECEASED BY HER LRS., 4. V.B. THAMMAIAH, S/O. LATE BORAIAH, AGED ABOUT 84 YEARS.
5. V. T. NAGARAJU (NAGU) S/O. THAMMAIAH, AGED ABOUT 59 YEARS 6. V. T. VENKATESH (CHINNI) S/O. THAMMAIAH, AGED ABOUT 57 YEARS.
4 TO 6 ARE RESIDING AT: KOTHUR VILLAGE, SOUTH KODAGU – 571216.
7. SMT. V. V. CHITRA W/O. VISHAKANTA, AGED ABOUT 54 YEARS, RESIDING AT YELVALA, MYSURU DISTRICT-570 009.
8. SMT. V. V. MALLIGE HUSBANDS NAME NOT KNOWN, AGED ABOUT 56 YEARS, RESIDING AT ALUR VILLAGE, PIRIYAPATNA TALUK, MYSURU DISTRICT-571 215.
VOKKALIGARA KALAPPA S/O. LATE BORAIAH, SINCE DECEASED BY HIS LRS., 9. KAMALAKSHI, W/O. LATE KALAPPA, AGED ABOUT 79 YEARS.
10. VOKKALIGARA AJITHKUMAR S/O. LATE KALAPPA, MAJOR 11. LOKESH V. K.
S/O. LATE KALAPPA, AGED ABOUT 49 YEARS.
9 TO 11 ARE RESIDING AT KOTHUR VILLAGE, KANOOR POST – 571216.
12. USHA V. B.
W/O. V. D. VENUGOPAL, MAJOR, R/AT KIRGOOR VILLAGE AND POST, S. KODAGU-571 201.
13. VOKKALIGARA RAMAIAH MAJOR, S/O. LATE BORAIAH, 14. VOKKALIGARA PADMAKSHI W/O. LATE RAJU, MAJOR.
15. VOKKALIGARA PRAVEEN KUMAR S/O. LATE RAJU, MAJOR, 16. VOKKALIGARA NAVEEN KUMAR S/O. LATE RAJU, MAJOR.
17. VOKKALIGARA RAVI S/O. LATE BORAIAH, MAJOR.
18. VOKKALIGARA VIMALA W/O. LATE GANESH, MAJOR.
19. VOKKALIGARA KAVITHA D/O. LATE GANESH,MAJOR.
20. VOKKALIGARA SAVITHA D/O. LATE GANESH, MAJOR, 12 TO 20 ARE THE RESIDENTS OF KOTHUR VILLAGE, VIRAJPET TALUK-571 218.
... APPELLANTS (BY SRI MANJUNATH PRASAD H N, ADVOCATE) AND SMT. VOKKALIGARA SHARADA W/O. DEVEGOWDA, AGED ABOUT 54 YEARS, R/AT KIRGOOR VILLAGE, SOUTH KODAGU-571 216.
... RESPONDENT (BY SRI K SRINIVASA GOWDA, ADV. FOR CAVEATOR/RESPONDENT) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.05.2017 PASSED IN OS NO.91/1998 ON THE FILE OF THE SENIOR CIVIL JUDGE, VIRAJPET, PARTLY DECREEING THE SUIT FOR PARTITION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER As per submission made by the learned counsel for the appellants, valuation of the plaintiff’s share is less than Rs.10 lakhs and therefore, appeal is not maintainable. Rightly office has raised the objection. Learned counsel for the appellants files a memo for returning the appeal so that the same can be filed before the jurisdictional Court.
2. Therefore, Registry is directed to return the appeal and certified copy of the impugned judgment to enable the appellants to present the appeal before the concerned jurisdictional Court. If the appeal is presented before the concerned District Court within 30 days from today, limitation will be saved.
Sd/- JUDGE NS/nms