- 1 - NC: 2025:KHC-K:1404 RFA No.200156 of 2018 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO.200156 OF 2018 (PAR/POS) BETWEEN: VISHNUDASJI S/O LATE DATTATRI SAPTE AGE: 40 YEARS, OCC: AGRICULTURE, R/O: CHAWAR DABKA VILLAGE TQ: AURAD-B, DIST: BIDAR. …APPELLANT (BY SMT. HEMA L.KULAKARNI, ADVOCATE) AND: 1. HEERAJI S/O LATE DATTATRI SAPTE AGE: 61 YEARS, OCC: AGRICULTURE, 2. GUNDABAI W/O LATE DATTATRI SAPTE AGE: 82 YEARS, OCC: HOUSEHOLD & AGRICULTURE, 3. SHANTABAI W/O HEERAJI SAPTE AGE: 58 YEARS, OCC: HOUSEHOLD & AGRICULTURE, 4. KASTURIBAI Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1404 RFA No.200156 of 2018 W/O DHANAJI SAPTE AGE: 40 YEARS, OCC: HOUSEHOLD & AGRICULTURE, 5. SANGRAM S/O HEERAJI SPATE AGE: 32 YEARS, OCC: HOUSEHOLD & AGRICULTURE, 6. RAMSHETTY S/O VISHWANATH SINDBANDGE, AGE: 69 YEARS, OCC: PENSIONER & AGRIL., 7. BABU S/O BAPURAO JADHAV AGE: 65 YEARS, OCC: AGRICULTURE, ALL ARE R/O: CHAWAR DABKA VILLAGE TQ: AURAD-B, DIST: BIDAR – 585 401. 8. MAINABAI W/O KASHIRAM MANKARI AGE: 85 YEARS, OCC: HOUSEHOLD, R/O: DAHARAJ WADI, TQ: AURAD, DIST: BIDAR – 585 401. 9. ZUMUBAI W/O GYANOBA BIRADAR AGE: 72 YEARS, OCC: AGRICULTURE, R/O: VILLAGE HANDIKERA, TQ: AURAD, DIST: BIDAR – 585 401. 10. SHARADABAI W/O SUDAM SAVALE AGE: 70 YEARS, OCC: AGRICULTURE, R/O: VILLAGE SAVALI, TQ: AURAD, DIST: BIDAR – 585 401. - 3 - NC: 2025:KHC-K:1404 RFA No.200156 of 2018 11. KAMALABAI W/O PANDURANG JADHAV AGE: 69 YEARS, OCC: AGRICULTURE, R/O: VILLAGE-HOLSMUDRA TQ: AURAD, DIST: BIDAR – 585 401. 12. KYANTABAI W/O BHANUDASRAO KALE AGE: 68 YEARS, OCC: HOUSEHOLD, R/O: VILLAGE GHORWADI, TQ: AURAD, DIST: BIDAR – 585 401. 13. VIMALABAI W/O TRIMBKARAO AGE: 67 YEARS, OCC: AGRICULTURE, R/O: VILLAGE TONDCHIR, TQ: UDGIR, DIST: LATUR (MS) 413 517. 14. DHANAJI S/O LATE DATTATRI SAPTE AGE: 45 YEARS, OCC: AGRICULTURE, R/O: VILLAGE CHAWAR DABKA, TQ: AURAD, DIST: BIDAR – 585 401. …RESPONDENTS (BY SRI RAVI B.PATIL, ADVOCATE FOR R7; SRI GURUBASAVA NAYAK, ADVOCATE FOR R14; V/O DTD.18.06.2021 THE APPEAL IS AGAINST R2 AND R6 STAND ABATED; R1, R3, R4, R5, R8 TO R12 ARE SERVED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF THE CPC, PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE PASSED BY THE SENIOR CIVIL JUDGE AND J.M.F.C. AT AURAD (B), DATED 31.07.2018 IN O.S.NO.64/2018, IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - NC: 2025:KHC-K:1404 RFA No.200156 of 2018 THIS REGULAR FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. It is stated that, the appeal does not lie before this Court as the valuation of the suit property is Rs.10,00,000/-. 2. In this circumstances, the appeal does not lie before this Court. 3. The appellant is at liberty to prefer appeal before the appropriate Court. 4. The time spent in prosecuting this appeal from 19.10.2018 till today has to be excluded in computing the limitation period. 5. Registry to return the certified copy of the Judgment and decree to the appellant. 6. The appeal is dismissed for want of pecuniary jurisdiction and not on merits. Sd/- (ANANT RAMANATH HEGDE) JUDGE SVH List No.: 1 Sl No.: 18