- 1 - HC-KAR NC: 2025:KHC:23984 RFA No. 2197 of 2022 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. 2197 OF 2022 BETWEEN: 1. SMT. USHA D/O LATE KRISHNA SHETTY AGED ABOUT 52 YEARS R/AT NO. 663, SECTOR-1 21ST MAIN ROAD, 13TH CROSS H S R LAYOUT, BENGALURU - 560102. …APPELLANT (BY SRI. SESHAGIRI .K.T, ADVOCATE) AND: 1. SRI. BABU AGED ABOUT 60 YEARS S/O LATE THIMANNA R/AT NO 54, VISHVAPRIYA LAYOUT BEGUR MAIN ROAD, BOMMANAHALLI BANGALORE - 560068. 2. SRI. RAMESH AGED ABOUT 57 YEARS R/AT NO 54, VISHWAPRIYA LAYOUT BEGUR MAIN ROAD BOMMANAHALLI BANGALORE - 560068. 3. SRI. BABU AGED ABOUT 50 YEARS S/O LATE SAMPANGI SHETTY R/AT NO. 251, YELENAHALLI VILLAGE Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23984 RFA No. 2197 of 2022 BEGUR MAIN ROAD BANGALORE-560 068. 4. SRI. PRANESH AGED ABOUT 45 YEARS S/O LATE SAMPANGI SHETTY YELENAHALLI VILLAGE BEGUR MAIN ROAD BANGALORE-560 068. 5. SMT. ASHA AGED ABOUT 58 YEARS S/O LATE SAMPANGI SHETTY R/AT YELENAHALLI VILLAGE BEGUR 4TH MAIN ROAD BANGALORE-560 068. 6. SRI. SATISH AGED ABOUT 50 YEARS S/O LATE KRISHNA SHETTY R/AT NO. 122, HONGASANDRA VILLAGE BEGUR MAIN ROAD BANGALORE-560 068. 7. SRI. NAGESH AGED ABOUT 48 YEARS S/O LATE KRISHNA SHETTY R/AT 5TH MAIN HONGASANDRA VILLAGE BEGUR MAIN ROAD BANGALORE-560068. 8. SRI. GURURAJ K AGED ABOUT 42 YEARS S/O LATE KRSIHNA SHETTY R/AT LAKE ROAD, BEGUR ROAD BOMMANAHALLI BANGALORE-560 068. 9. SMT. PADMAVATHI W/O LATE SRIPADACHAR - 3 - HC-KAR NC: 2025:KHC:23984 RFA No. 2197 of 2022 R/AT HOUSE NO. 4, BALEPETE BENGALUR-560053. 10. SRI. B R CHANNKESHAVA S/O AGED ABOUT 70 YEARS S/O LATE RAMAYYA R/AT SUKINIVASA, NO. 7 1ST A CROSS, K H B COLONY 5TH BLOCK, KORAMANGALA BANGALORE-56034. 11. SRI. SAVITHRAMMA W/O SEENAPPA AGED ABOUT 42 YEARS R/AT 9TH MAIN, HONGASANDRA VILLAGE BEGUR MAIN ROAD BANGALORE-560 068. 12. SMT. PARAMILA W/O CHANNAKESHAVA AGED ABOUT 42 YEARS R/AT 5TH MAIN, BOMMANAHALLI BANGALORE-560 068. 13. SMT. SARASAMMA W/O KRISHNAPPA AGED ABOUT 40 YEARS R/AT BOMMANAHALLI MAIN ROAD BANGALORE-560 068. 14. SMT. ANUSUYAMMA W/O NATARAJ AGED ABOUT 45 YEARS R/AT DLF KODICHIKKANAHALLI MAIN ROAD BANGALORE-560 068. 15. SRI. S RAVINDRA BABU S/O LATE SHANKARAPPA AGED ABOUT 50 YEARS R/AT 8TH MAIN, DLF MAIN ROAD - 4 - HC-KAR NC: 2025:KHC:23984 RFA No. 2197 of 2022 KODICHIKKANAHALLI MAIN ROAD BANGALORE-560068. 16. SRI. N GOVINDAPPA S/O NARAYANAPPA AGED ABOUT 65 YEARS R/AT NADAKACHERI DY TAHASILDAR (B) BEGUR POST, BANGALORE - 560068. 17. SMT. KANAKAMMA D/O LATE KRISHNAPPA AGED ABOUT 40 YEARS R/AT NEAR BAGHYA GRAND BEGUR MAIN ROAD BANGALORE-560 068. 18. SMT. GOWRAMMA D/O LATE KRISHNAPPA AGE ABOUT 39 YEARS R/AT NEAR PETROL BUNK MYLSANDRA, BEGUR ROAD BANGALORE-560 068. 19. SMT. MANJULA GOVINDAPPA D/O LATE KRISHNAPPA AGED ABOUT 42 YEARS R/AT 5TH CROSS, MYLASANDRA BEGUR ROAD, BANGALORE-560 068. 20. SMT. CHANDRIKA NAGARAJ D/O LATE KRISHNAPPA AGED ABOUT 44 YEARS R/AT MYLASANDRA, BEGUR ROAD BANGALORE-560 068. 21. SMT. SUMITHRA RANGAPPA D/O LATE KRISHNAPPA AGED ABOUT 40 YEARS R/AT MYLASANDRA, BEGUR ROAD BENGALURU - 560068. - 5 - HC-KAR NC: 2025:KHC:23984 RFA No. 2197 of 2022 22. SMT. SAVITHRAMMA NARENDRA KUMAR D/O LATE KRISHNAPPA R/AT NAGALINGESHWARA TEMPLE BEGUR, BANGALORE-560 068. 23. SRI. ANNAYAPPA S/O LATE KRISHNAPPA AGED ABOUT 44 YEARS R17 TO R23 ARE ALL RESIDING AT NO. 831 CHANNAKESHWAVA TEMPLE ROAD BENGUR VILLAGE BENGALURU - 560068. …RESPONDENTS (BY SRI. V. NAGAREDDY, ADVOCATE FOR R23) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.10.2022 PASSED ON IA NO.III IN OS No.1103/2022 ON THE FILE OF THE C/c. II ADDITIONAL SENIOR CIVIL JDUGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE IA NO.III FILED UNDER ORDER 7 RULE 11 (d) OF CPC., FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 6 - HC-KAR NC: 2025:KHC:23984 RFA No. 2197 of 2022 ORAL JUDGMENT The appellant herein is questioning the order of the Trial Court passed on an application filed under Order VII Rule 11(d) of CPC by the defendants. The said application is allowed and plaint is rejected. 2. Upon perusal of the records, it is evident that the suit schedule property was valued at Rs.10,00,000/- for the purpose of jurisdiction. The suit was instituted before the Court of the Senior Civil Judge, Bengaluru Rural District. In terms of the pecuniary jurisdiction prescribed under the Karnataka Civil Courts Act, the appropriate forum for preferring the appeal would be the jurisdictional District Court. Therefore, this Court is of the view that the present appeal is not maintainable before this Court. 3. Accordingly, upholding the office objections regarding maintainability, the appeal is dismissed as not maintainable, without entering into the merits of the case. However, liberty is reserved to the - 7 - HC-KAR NC: 2025:KHC:23984 RFA No. 2197 of 2022 appellant to avail the remedy of appeal before the competent Court. In the event the appellant files such appeal within a period of four weeks from the date of receipt of a certified copy of this order, the appellant shall be entitled to seek the benefit of Section 14 of the Limitation Act, 1963, in computing the period of limitation. 4. The Registry is directed to forthwith return the certified copy of the impugned order to the appellant after retaining a photocopy for record purposes. Further, the Registry shall refund the court fee, if permissible, in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 9