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2025 DAILYLAW 10167 (KAR)

BHAHAMMANAND v. KSHEMALINGAYYA

MFA/200543/2025 · 2025-03-20

C M Joshi

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:1741 MFA No. 200543 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.200543 OF 2025 (CPC) BETWEEN: BHAHAMMANAND S/O SIDRAMAYYA SWAMY, AGE: 52 YEARS, OCC: AGRICULTURE, R/O VILLAGE JAMAGA (R), TQ. ALAND, DIST. KALABURAGI-585 314. …APPELLANT (BY SRI. SHARANABASAPPA K. BABSHETTY, ADVOCATE) AND: 1. KSHEMALINGAYYA S/O KALLAYYA SWAMY, AGE: 54 YEARS, OCC: AGRICULTURE, R/O VILLAGE JAMAGA (R), TQ. ALAND, DIST. KALABURAGI-585 314. 2. PRABHULING S/O SIDRAMAYYA SWAMY, AGE: 49 YEARS, OCC: AGRICULTURE, R/O VILLAGE HEBALI ROAD, TQ. ALAND, DIST. KALABURAGI-585 302. 3. DAVOODSAHEB S/O SAIFAN SAHEB MULLAN, AGE: 64 YEARS, OCC: AGRICULTURE, R/O VILLAGE JAMAGA (R), TQ. ALAND, Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1741 MFA No. 200543 of 2025 DIST. KALABURAGI-585 314. 4. BABU S/O GURULINGAPPA @ GURANNA KUMBAR, AGE: 59 YEARS, OCC: AGRICULTURE, R/O VILLAGE JAMAGA (R), TQ. ALAND, DIST. KALABURAGI-585 314. …RESPONDENTS THIS MFA IS FILED UNDER ORDER XXI RULE 104 OF CPC ACT, PRYAING TO SET ASIDE THE ORDER DATED 01.02.2025, PASSED BY THE SENIOR CIVIL JUDGE AND ALAND, KALAUBRAGI DISTRICT, IN EXECUTION PETITION NO.09/2021. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) Heard learned counsel appearing for the appellant. 2. The valuation of the appeal is at Rs.9,00,000/-. Therefore, this Court has no jurisdiction and appeal should have been filed before the appropriate Court, which is the District Court. Hence, the appeal is ordered to be returned to - 3 - NC: 2025:KHC-K:1741 MFA No. 200543 of 2025 the learned counsel for the appellant within 07 days for resubmission of the same before the Appropriate Forum. 3. For all statistical purposes, the appeal is disposed of. Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 27 CT: AK