- 1 - HC-KAR NC: 2025:KHC:21853 RFA No. 1307 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 1307 OF 2025 (PAR) BETWEEN: 1. K. N. MALLESHWARI W/O LATE B. RAMESH AGED ABOUT 65 YEARS RESIDING AT R/O NO-3395, 7TH B CROSS, 2ND MAIN ROAD, 2ND STAGE, R.P.C. LAYOUT BANGALORE-560040. 2. MRS RASHMI D/O LATE B.RAMESH AGE 47 YEARS RESIDING AT R/O NO-3395, 7TH B CROSS 2ND MAIN ROAD, 2ND STAGE, R.P.C. LAYOUT BANGALORE-560040. 3. MRS USHA KIRAN RAMESH D/O LATE B.RAMESH AGE 45 YEARS RESIDING AT R/O NO-3395, 7TH B CROSS 2ND MAIN ROAD, 2ND STAGE, R.P.C. LAYOUT BANGALORE-560040. 4. MR RAGHUCHEATA S/O LATE B. RAMESH AGE 43 YEARS RESIDING AT R/O NO-3395, 7TH B CROSS, 2ND MAIN ROAD, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21853 RFA No. 1307 of 2025 2ND STAGE, R.P.C. LAYOUT BANGALORE-560040. …APPELLANTS (BY SRI. DELHI CUCKOO.,ADVOCATE) AND: 1. SMT. PUTTAMMA (SINCE DEAD) BY LRS SRI RAMACHANDRAPPA @ANGADI RAMACHANDRAPPA S/O LATE REVANNA AGED ABOUT 82 YEARS RESIDING AT BASAVANA PALYA, KASABA HOBLI KALYA POST, MAGADI TALUK RAMNAGARA DISTRICT-562120 2. SRI. RENUKAPPA S/O LATE REVANNA AGED ABOUT 76 YEARS RESIDING AT SIDDALINGAIAH FLAT, RAJESHWARI NAGAR LAGGERE, BANGALORE-560058 3. SRI GANGANNA S/O LATE REVANNA AGED ABOUT 67 YEARS RESIDING AT BASAVANA PALYA, KASABA HOBLI KALYA POST, MAGADI TALUK RAMNAGARA DISTRICT-562120 4. SRI SIDDARAJU S/O LATE REVANNA AGED ABOUT 60 YEARS RESIDING AT BASAVANA PALYA, KASABA HOBLI KALYA POST, MAGADI TALUK RAMNAGARA DISTRICT-562120 …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:21853 RFA No. 1307 of 2025 THIS REGULAR FIRST APPEAL FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 13.02.2025 PASSED IN OS.NO.980/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MAGADI, PARTLY DECREEING THE SUIT FOR PARTITION AND ETC. 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 suit is one for partition and separate possession and for the purpose of jurisdiction, the properties were valued at Rs.50 Lakhs and the plaintiffs had sought half share which presupposes and necessarily means that the plaintiffs' half share is valued at Rs.10 Lakhs. The suit admittedly was instituted before the City Civil Judge and the valuation being Rs.10 Lakhs, which is plaintiffs' half share in the properties, appellants could not have maintained an appeal before this Court. The appeal would lie to the District Judge since the suit property is valued for the purpose of jurisdiction at Rs.10 lakhs. 2. Therefore, reserving liberty to appellants to avail the remedy of an appeal before the competent appellate - 4 - HC-KAR NC: 2025:KHC:21853 RFA No. 1307 of 2025 authority, the captioned appeal is dismissed as not maintainable. 3. If an appeal is preferred within a period of four weeks' from the date of receipt of this order, the appellate Court shall extend the benefit of Limitation Act and shall exclude the time spent before this Court. 4. Registry is directed to return the certified copy of the judgment and decree after securing photocopies of the same. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 88