- 1 - HC-KAR NC: 2025:KHC:20423 RFA No. 1328 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 1328 OF 2025 (DEC/INJ) BETWEEN: 1. K. HARIKRISHNA S/O. P. KUPPUSWAMY SINCE DEAD REPRESENTED BY HIS LRS. SRI. H. KUBERA S/O. LATE K. HARIKRISHNA AGED ABOUT 75 YEARS 2. SRI. H. AMUDA S/O. LATE K. HARIKRISHNA W/O. SHANTHAKUMAR AGED ABOUT 72 YEARS 3. SRI. H. SATISH S/O. LATE K. HARIKRISHNA AGED ABOUT 69 YEARS 4. SRI. H. PRAKASH S/O. LATE K. HARIKRISHNA AGED ABOUT 55 YEARS 5. SRI. H. VINODKUMAR S/O. LATE K. HARIKRISHNA AGED ABOUT 61 YEARS ALL ARE RESIDING AT NO. 7 ANEPALYA MAIN ROAD ADUGODI POST, BENGALURU. …APPELLANTS (BY SRI. S. KALYAN BASAVARAJ, ADVOCATE) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20423 RFA No. 1328 of 2025 AND: 1. SMT. KANAKAMMA W/O. LATE RAMAIAH AGED ABOUT 83 YEARS 2. SMT. MANJULA D/O. LATE RAMAIAH AGED ABOUT 65 YEARS 3. SMT. RENUKA D/O. LATE RAMAIAH AGED ABOUT 55 YEARS 4. SMT. SUSHEELA D/O. LATE RAMAIAH AGED ABOUT 62 YEARS 5. SRI. SRINIVAS S/O. LATE RAMAIAH AGED ABOUT 55 YEARS 6. SRI. VENKATESHWAR S/O. LATE RAMAIAH AGED ABOUT 60 YEARS 7. SRI. SRIHARI S/O. LATE RAMAIAH AGED ABOUT 52 YEARS ALL ARE RESIDING AT TIGALACHOWDANAHALLI SARJAPURA HOBLI, ANEKAL TALUK BENGALURU SOUTH. 8. SRI. D. S. VEERANJINAYA S/O. SHANKARAPPA ALIAS PAPANNA AGED ABOUT 65 YEARS RESIDENT OF DOMSANDRA SARJAPURA HOBLI, ANEKAL TALUK BENGALURU. - 3 - HC-KAR NC: 2025:KHC:20423 RFA No. 1328 of 2025 9. D. V. MANJUNATH S/O. LATE VENKATASWAMY AGED ABOUT 51 YEARS RESIDENT OF DOMMASANDRA SARJAPURA HOBLI, ANEKAL TALUK BENGALURU. …RESPONDENTS (BY SRI. R.C. NAGARAJ, ADVOCATE FOR C/R-9) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER LXI RULES 1 AND 2 OF CPC, AGAINST THE ORDER DATED 05.04.2025 PASSED ON I.A.NO.XII IN OS.NO.440/2010 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, ALLOWING THE I.A.XII FILED UNDER ORDER VII RULE 11(a) AND (d) OF CPC, FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT The office has raised objection regarding maintainability of the appeal. 2. The suit filed before the II Additional Senior Civil Judge and JMFC, Anekal was not entertained by the learned Judge and the application filed by defendant No.9 under Order VII Rule 11(a) was allowed and the plaint was rejected. - 4 - HC-KAR NC: 2025:KHC:20423 RFA No. 1328 of 2025 3. The valuation slip furnished by the plaintiffs indicates that the plaint was valued at Rs.1,000/- and the prayer No.2 and 3 valued Rs.1,000/- each. Therefore, the appeal would lie before the District Judge and not before this Court. Accepting the office objection raised on the maintainability of the appeal, the appeal is dismissed as not maintainable. Liberty is reserved to the appellant to approach the Competent Appellate Court to avail remedy under Section 96 of Civil Procedure Code. In the event the appeal is filed within a period of two weeks, the time spent before this Court shall be excluded by extending the benefit under Section 14 of the Limitation Act. - 5 - HC-KAR NC: 2025:KHC:20423 RFA No. 1328 of 2025 Registry is directed to return all the certified copies forthwith after securing photocopies of the same. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 43