- 1 - HC-KAR NC: 2025:KHC-D:7936 RFA No. 100260 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 100260 OF 2025 (PAR/POS) BETWEEN: HIREHANAMAPPA @ GIDDAPPA S/O. KANAKAPPA NANDIHAL, SINCE DECEASED BY HIS LRS., 1. SMT. RENAMMA W/O LATE HIRE HANUMAPPA @ GIDDAPPA NANDIHAL, AGED ABOUT 58 YEARS. R/AT SHAKHAPUR VILLAGE, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. 2. SMT. PUSHPAMMA W/O SRI. BAIREGOUDA NANDIHAL, AGED ABOUT 36 YEARS, 3. SMT. ANNAPOORANAMMA W/O. BASAPPA KENCHANNAVAR, AGED ABOUT 32 YEARS, 4. SMT. RESHMA W/O NAGAPPA KENCHANNAVAR, AGED ABOUT 28 YEARS, 5. SMT. HULIGAMMA W/O. SURESH KENCHANNAVAR, AGED ABOUT 25 YEARS, ALL ARE RESIDING AT: VILLAGE AND POST: HIRE NANDIHAL, KUSHTAGI TALUK, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7936 RFA No. 100260 of 2025 DISTRICT: KOPPAL-583 277. 6. MANJUNATH S/O. LATE HIRE HANUMAPPA @ GIDDAPPA NANDIHAL, AGED ABOUT 23 YEARS. R/AT: SHAKHAPUR VILLAGE, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. 7. SHIVAPUTRAMMA, W/O. MAHADEVAPPA KENCHANNAVAR, AGE: 66 YEARS, R/AT: HIRENANDIHAL VILLAGE, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 227. 8. SMT. HANMAMMA W/O. HANUMAGOUDA GOUDRU, AGE: 58 YEARS, R/AT: GANADAL, TALUK: YELBURGA, DISTRICT: KOPPAL-583 236. 9. LAXMAMMA W/O. MUKKALAGOUDA GOUDRU, AGE: 57 YEARS, R/AT: GANADAL, YELABURGA TALUK, DISTRICT: KOPPAL-583 236. 10. SIDDAPPA S/O. KANAKAPPA NANDIHAL, AGE: 58 YEARS, R/AT: SHAKHAPUR, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. 11. SHIVAPPA S/O. KANAKAPPA NANDIHAL, AGE: 53 YEARS, R/AT: CENTRAL JAIL, TALUK AND DISTRICT: BALLARI-583 101. 12. BASAVARAJAPPA, S/O. KANAKAPPA NANDIHAL, AGE: 48 YEARS, R/AT: SHAKHAPUR, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. 13. SMT. MARIYAMMA W/O. HANMANTAPPA HIRENANDIHAL, AGE: 46 YEARS, R/AT: ANEGUNDI, GANGAVATI TALUK, DISTRICT: KOPPAL-583 277. - 3 - HC-KAR NC: 2025:KHC-D:7936 RFA No. 100260 of 2025 14. DEVAMMA @ DEVAPPA W/O. SIDDAPPA NANDIHAL, AGE: 53 YEARS, R/AT: SHAKHAPUR, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. … APPELLANTS (BY SMT. PADMAJA TADAPATRI, ADVOCATE FOR SRI. K.L. PATIL, ADVOCATE) AND: 1. SMT. PAKEERAMMA, W/O. YALLAPPA NANDIHAL @ HIREGOUDRU, AGE: 78 YEARS, R/AT: SHAKHAPUR, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. 2. HANUMAPPA, S/O. YALLAPPA NANDIHAL @ HIREGOUDRU, AGE: 53 YEARS, R/AT: SHAKHAPUR, KUSHTAGI TALUK, DISTRICT KOPPAL-583 277. 3. SMT. SHARANAMMA W/O. YAMANAPPA KALERA, AGE: 48 YEARS, R/AT: SHAKHAPUR, NOW R/AT: HIREMANNAPUR, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. 4. SHARANAPPA, S/O. YALLAPPA NANDIHAL @ HIREGOUDRU, AGE: 43 YEARS, R/AT: SHAKHAPUR, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. 5. AMARESH, S/O. YALLAPPA NANDIHAL @ HIREGOUDRU, AGE: 40 YEARS, R/AT: SHAKHAPUR, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. 6. SMT. SHANTAMMA, W/O. YALLAPPA KUMATAGI, AGE: 36 YEARS, R/AT: SHAKHAPUR, NOW R/AT: IDLAPUR, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. 7. BHEEMAGOUDA S/O. YALLAPPA NANDIHAL @ HIREGOUDRU, AGE: 34 YEARS, - 4 - HC-KAR NC: 2025:KHC-D:7936 RFA No. 100260 of 2025 R/AT: SHAKHAPUR, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. 8. YAMANOORAPPA S/O. YALLAPPA NANDIHAL @ HIREGOUDRU, AGE: 30 YEARS, R/AT: SHAKHAPUR, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. 9. SMT. SHARANAMMA W/O. BHEEMANNA VUNDI, AGE: 68 YEARS, R/AT: SHAKHAPUR, NOW R/AT: TALUVAGERA, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. 10. SMT. SHIVAMMA W/O. HANMAPPA VUNDI, AGE: 66 YEARS, R/AT: SHAKHAPUR, NOW R/AT: TALUVAGERA, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. 11. SMT. HANMAWWA W/O. KANAKAPPA POOJAR, AGE: 64 YEARS, R/AT: SHAKHAPUR, NOW R/AT: KATAGIHALLI, KUSHTAGI TALUK, DISTRICT: KOPPAL-583 277. … RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC., 1908, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 08.04.2025 PASSED IN O.S. NO.912/2017 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT KUSHTAGI. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:7936 RFA No. 100260 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The office objection raised at Sl.No.2 is regarding maintainability of appeal. Since the value of subject matter of the appeal is exactly Rs.10,00,000/-, therefore, office has raised objection at Sl.No.2 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 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 Senior Civil Judge is maintainable before the District Court, when the amount or - 6 - HC-KAR NC: 2025:KHC-D:7936 RFA No. 100260 of 2025 value of the subject matter of the original suit or proceeding does not exceed Rs.10,00,000/-. The question is what is meaning of exactly the value of subject matter of the appeal is Rs.10,00,000/-. It means when the value of subject matter of the appeal is Rs.10,00,000/-, the appeal lies before the District Court. If exceeds Rs.10,00,000/- then appeal lies in this Court. Therefore, the present appeal lies before the District Court, because of valuation of subject matter of the present appeal is Rs.10,00,000/-. 4. Therefore, the office objection raised at Sl.No.2 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. 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.: 8