- 1 - HC-KAR NC: 2025:KHC-D:17917 RFA No. 100574 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO.100574 OF 2025 (INJ) BETWEEN: 1. FAKKIRGOUDA S/O. BASAVANTGOUDA PATIL @ KEDARI, AGE: 89 YEARS, OCC: AGRICULTURE, R/O. MANDIHAL, TQ & DIST: DHARWAD-580010. 2. ASHOK S/O. LAXMAN PATIL, AGE: 73 YEARS, OCC: AGRICULTURE, R/O. SAVAGAON VILLAGE, TQ & DIST: BELAGAVI-589001. …APPELLANTS (BY SRI. KIRANKUMAR CHATTIMATH, ADVOCATE) AND: 1. RAMAPPA S/O. CHANDRAPPA MALLIGWAD, AGE: 75 YEARS, OCC: MECHANIC, R/O. MANDIHAL, TQ & DIST: DHARWAD-580010. 2. LAXMAPPA S/O. CHANDRAPPA MALLIGWAD, AGE: 67 YEARS, OCC: MECHANIC, R/O. MANDIHAL, TQ & DIST: DHARWAD-580010. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET-ASIDE JUDGMENT AND DECREE PASSED BY THE III ADDITIONAL CIVIL JUDGE, (JR.DN) DHARWAD, AT: DHARWAD IN O.S.NO.73/2006 DATED 08/04/2008, AS NULL AND VOID AND DECREE THE SUIT AS PRAYED FOR AND ETC. CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17917 RFA No. 100574 of 2025 THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This appeal is filed challenging the judgment and decree passed in O.S.No.73 of 2006, on the file of learned III Additional Civil Judge, Dharwad. 2. The value of the suit property is less than Rs.10,00,000/-. 3. Under these circumstances, the appeal does not lie before this Court. 4. Hence, the following: ORDER i. The Regular First Appeal is dismissed as not maintainable. ii. Liberty is reserved to the appellants to present the appeal before the jurisdictional District Judge. - 3 - HC-KAR NC: 2025:KHC-D:17917 RFA No. 100574 of 2025 iii. The time spent in persecuting this appeal from 14.11.2025, till this date, is to be excluded in computing the limitation in case appeal is filed. iv. Registry is directed to return copy of the impugned judgment and decree to the appellants. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM List No.: 1 Sl No.: 4