- 1 - HC-KAR NC: 2025:KHC-D:8183 RFA No. 100146 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 100146 OF 2025 (PAR/POS) BETWEEN: 1. SRI. BASANAGOUDA S/O PARTHAGOUDA SIRUR, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: MUDDALAGUNDI, TQ: KUSHTAGI, DIST: KOPPALA-583 277. 2. SRI. HANAMANGOUDA S/O PARTHAGOUDA SIRUR, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: MUDDALAGUNDI, TQ: KUSHTAGI, DIST: KOPPALA-583 277. 3. SRI. MAHANTESH S/O BASANAGOUDA KUNCHNUR SHIRUR, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: MUDDALAGUNDI, TQ: KUSHTAGI, DIST: KOPPALA-583 277. … APPELLANTS (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: 1. SMT. RENUKA W/O GURUMALLANAGOUDA MUDDEBIHAL, AGE: 36 YEARS, OCC: HOUSE HOLD, R/O: KESARABHAVI, TQ: HUNAGUNDA, DIST: KOPPALA-583 277. 2. SMT. SANGAMMA W/O PARTHAGOUDA SIRUR, AGE: 61 YEARS, OCC: HOUSE HOLD, R/O: MUDDALAGUNDI, TQ: KUSHTAGI, DIST: KOPPALA-583 277. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8183 RFA No. 100146 of 2025 3. SMT. DEVAMMA D/O BASANAGOUDA KUNCHNUR, AGE: 38 YEARS, OCC: HOUSEHOLD, R/O: HUNUR, AT POST: MUDDALAGUNDI, TQ: KUSHTAGI, DIST: KOPPALA-583 277. … RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 04.01.2025 PASSED IN O.S.NO.105/2019 ON THE FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KUSHTAGI. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) The office objection raised at Sl.No.1 is regarding maintainability of appeal. Since the value of subject matter of the appeal is below Rs.10,00,000/-, therefore, office has raised objection at Sl.No.1 regarding maintainability of appeal. 2. Section 19 of the Karnataka Civil Code Act, 1964, 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 - 3 - HC-KAR NC: 2025:KHC-D:8183 RFA No. 100146 of 2025 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.” 3. The appeal from the Court of Civil Judge is maintainable before the District Court, when the amount or value of the subject matter of the original suit or proceeding does not exceed Rs.10,00,000/-. It means when the value of subject matter of the appeal is below Rs.10,00,000/-, the appeal lies before the District Court. Therefore, the present appeal lies before the District Court, because of valuation of subject matter of the present appeal is below Rs.10,00,000/-. 4. Therefore, the office objection raised at Sl.No.1 is upheld. Liberty is reserved to prefer appeal before the District Court. The time spent before this Court in prosecuting this appeal shall be excluded as per Section 14 of the Limitation Act, 1963. - 4 - HC-KAR NC: 2025:KHC-D:8183 RFA No. 100146 of 2025 5. Accordingly, the appeal is dismissed as not maintainable with the observations as discussed above. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 21