- 1 - HC-KAR NC: 2025:KHC:23993 RFA No. 1466 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 1466 OF 2025 (PAR) BETWEEN: 1. SRI ANTHONI THAMSON S/O. SRI. ANDRO ROYAL AGED ABOUT 64 YEARS AGRICULTARIST R/O L-18, GANESH COLONY BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577201. …APPELLANT (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND: 1. SRI SHAMSON S/O. SRI. ANDRO ROYAL R/O. H.L.C. 26(A) AND (B) HUTTA COLONY, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT. - 577 201. 2. SRI. WILSON S/O. SRI. ANDRO ROYAL AGED ABOUT 68 YEARS AGRICULTARIST R/O H.L.C 26 (A) AND (B) HUTTA COLONY, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577201. 3. SMT. ANTHONI ELIJA W/O. SRI. AMUL NADAN AGED ABOUT 50 YEARS Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23993 RFA No. 1466 of 2025 R/O. NOTIFIED AREA JANNAPURA, BHADRAVATHI-577 301. 4. SMT. HELAN FATHIMA W/O. SRI. ANTHONI DAS AGED ABOUT 65 YEARS R/O. HELEN COTTAGE PUTTURU CUT ROAD DEVASANDRA, K. R. PURAM BENGALURU-36. …RESPONDENTS THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 20.12.2024 PASSED IN O.S.NO. 9/2020 ON THE FILE OF THE CIVIL JUDGE AND ADDITIONAL JMFC, TARIKERE, DISMISSING THE SUIT FOR RECOVERY OF MONEY. 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 plaintiff's 1/5th share is valued at Rs.80,000/-. Therefore, the appeal is not maintainable before this Court. Accordingly, Office objection is upheld and the appeal is dismissed as not maintainable. 2. Liberty is reserved to the appellant to prefer an appeal before the appropriate appellate Court. In the event, the appeal is filed within four weeks, the time spent - 3 - HC-KAR NC: 2025:KHC:23993 RFA No. 1466 of 2025 before this Court shall be excluded by extending the benefit under Section 14 of the Act. 3. Registry to return the certified copy of the judgment and decree provided appellant furnishing the photocopies of the same. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 81