- 1 - NC: 2025:KHC-D:6847 RFA No. 100160 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA R.F.A. NO. 100160 OF 2025 (DEC/PAR) BETWEEN: 1. SMT. SHAKUNTALA W/O. BHIMRAO CHAVAHAN, AGE 75 YEARS, OCC: HOUSEHOLD WORK, R/O. TOLAGA, TQ. KHANAPUR-591302, DIST. BELAGAVI. 2. SHRI. SURESH S/O. DHULU ITGEKAR, AGE 74 YEARS, OCC: AGRICULTURE, R/O. HAVAGI, TQ. HALIYAL 581329, DIST. UTTAR KANNADA. 3. SHRI. NEELAKANT S/O. DHULU ITGEKAR, AGE 71 YEARS, OCC: AGRICULTURE, R/O. HAVAGI, TQ. HALIYAL-581329, DIST. UTTAR KANNADA. 4. SMT. KAUSHALYA W/O. SHRIKANT ACHARI, AGE 67 YEARS, OCC: HOUSEHOLD WORK, R/O. OLD GANDHINAGAR, BELAGAVI-591106, DIST. BELAGAVI. 5. SHRI. GURUPAD S/O. DHULU IRGEKAR, AGE 64 YEARS, OCC: AGRICULTURE, R/O. HAVAGI, TQ. HALIYAL-581329, DIST. UTTAR KANNADA. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench. - 2 - NC: 2025:KHC-D:6847 RFA No. 100160 of 2025 6. SMT. MAHADEVI W/O. ANAND GOUDA, AGE 52 YEARS, OCC: HOUSEHOLD, R/O. MIRANDA, TQ. KHANAPUR-591302, DIST. BELAGAVI. 7. SMT. INDU W/O. VITAL GOUDA, AGE 50 YEARS, OCC: AGRICULTURE, R/O. GUTTIGERI, TQ. HALIYAL-581329, DIST. UTTAR KANNADA. …APPELLANTS (BY SRI. MADANMOHAN M. KHANNUR, ADVOCATE) AND: 1. SHRI. SHANTAPPA S/O. PARASAPPA ITGEKAR, AGE 85 YEARS, OCC: AGRICUTLURE, R/O. HAVAGI, TQ. HALIYAL-581329, DIST. UTTAR KANNADA. 2. SHRI. SAMBHAJI S/O. PARASAPPA ITGEKAR, AGE 77 YEARS, OCC: AGRICULTURE, R/O. HAVAGI, TQ. HALIYAL-581329, DIST. UTTAR KANNADA. 3. SHRI. ASHOK S/O. PARASAPPA ITGEKAR, AGE 69 YEARS, OCC: AGRICULTURE, R/O. HAVAGI, TQ. HALIYAL-581329, DIST. UTTAR KANNADA. 4. SHRI. VISHNU S/O. PARASAPPA ITGEKAR, AGE 64 YEARS, OCC: AGRICULTURE, R/O. HAVAGI, TQ. HALIYAL-581329, DIST. UTTAR KANNADA. 5. SMT. SUSHEELA W/O PARASHURAM PATIL, - 3 - NC: 2025:KHC-D:6847 RFA No. 100160 of 2025 AGE 84 YEARS, OCC: HOUSEHOLD, R/O. GUTTIGER, TQ. HALIYAL-581329, DIST. UTTAR KANNADA. 6. SMT. SUNANDA W/O. MARUTI REDEKAR, AGE 79 YEARS, OCC: HOUSEHOLD, R/O. HUNSWAD VILLAGE, TQ. HALIYAL-581329, DIST. UTTAR KANNADA. 7. SMT. RENUKA W/O. SHIVAJI BASARIKATTI, AGE 78 YEARS, OCC: HOUSEHOLD, R/O. GUNDOLLI VILLAGE, TQ. KHANAPUR-591302, DIST. BELAGAVI. 8. SMT. SUMITRA W/O. SRIKANT MIRASHI, AGE 70 YEARS, OCC: HOUSEHOLD, R/O. GUTTIGERI, TQ. HALIYAL-581329, DIST. UTTAR KANNADA. 9. SMT LALITA W/O. SHIVAJI VEERA, AGE 60 YEARS, OCC: HOUSEHOLD, R/O. ANGOL VILLAGE, TQ AND DIST. BELAGAVI-591106. NOTE: DEFENDANT NO.1(A) DIED AND FOR LRS ALREADY ON RECORD NAMELY DEFENDANT NO.1(B) TO 1(H) …RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 28.04.2018 IN O.S.NO. 9/2017 PASSED BY THE COURT OF SENIOR CIVIL JUDGE HALIYAL, AT HALIYAL AND DISMISS THE SUIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS REGULAR FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:6847 RFA No. 100160 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Heard learned counsel for the appellants on office objection. 2. Learned counsel for the appellants referred to the plaint averments as well as the order passed by the learned District Judge in F.R. R.A.No.5037/2024. 3. To pass suitable orders, it is necessary to refer Section 19(1) of the Karnataka Civil Courts Act, 1964 which reads as under: “19. Appeals from Senior Civil Judge.— Appeals from the decrees and orders passed by a Senior Civil Judge in original suits and proceedings of a civil nature, shall, when such appeals are allowed by law, lie,— (1)to the District Court, when the amount or value of the subject-matter of the original suit or proceeding does not exceed ten lakh rupees; (2)to the High Court, in other cases.” - 5 - NC: 2025:KHC-D:6847 RFA No. 100160 of 2025 4. In this case, value of the property is Rs.20,00,000/- and plaintiff was claiming half share. Therefore it would be Rs.10,00,000/- and upto Rs.10,00,000/- as per Section 19(1) of the Act, the District Court has jurisdiction and jurisdiction of this Court commences when the value of the subject matter is Rs.10,00,001/- onwards. When the value is exactly Rs.10,00,000/-, the District judge ought to have accepted the appeal and registered it but unnecessarily rejected the contention of the appellant and returned the appeal memo. The said finding is erroneous which made this litigant unnecessarily travel from pillar to post. 5. Learned District Judge is directed to register the case on its presentation before the said Court. Office is directed to return the appeal memo to the appellant with the said endorsement. To enable the appellant to present the appeal memo before the competent Court. Due to intervention of summer vacation 2025, directed the appellant to present this appeal before the District Court - 6 - NC: 2025:KHC-D:6847 RFA No. 100160 of 2025 on or before 10.06.2025. Accordingly the appeal is disposed off. Sd/- (UMESH M ADIGA) JUDGE KGK /CT-AN List No.: 1 Sl No.: 4