- 1 - HC-KAR NC: 2025:KHC:35399 MFA No. 2013 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2013 OF 2024 (CPC) BETWEEN: 1. SRI. KRISHNAIAH S/O GARIYAPPA AGED ABOUT 53 YEARS 2. SRI HANUMANTHAIAH S/O GARIYAPPA AGED ABOUT 53 YEARS BOTH ARE R/AT SANGANABASAVANADODDI VILLAGE MAYAGANAHALLI POST, KASABA HOBLI RAMANAGARA TALUK AND DISTRICT. …APPELLANTS (BY SRI. RAMAMOORTHY C., ADVOCATE) AND: 1. SMT. GOWRAMMA D/O GARIYAPPA, AGED ABOUT 49 YEARS, R/AT SANGANABASAVANADODDI VILLAGE, MAYAGANAHALLI POST, KASABA HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT-562159. SRI NAGARAJU S/O GIRIYAPPA SINCE DEAD BY HIS LRS. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35399 MFA No. 2013 of 2024 2. SMT. SHANTHAMAMNI M.C., W/O LATE NAGARAJU AGED ABOUT 52 YEARS, RESIDING AT NO.499/2 NEW KAVIKA LAYOUT, BAPUJINAGAR, NEAR GEETHA ASHRAMA, BENGALURU-560026 3. SMT. SAKAMMA W/O GIRIYAPPA, AGED ABOUT 83 YEARS, 4. SMT. VENKATALAKSHMAMMA D/O GIRIYAPPA, AGED ABOUT 56 YEARS, R/AT ANKANAHALLI VILLAGE, KOOTAGAL HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT-562159. 5. SMT. LEELAVATHI D/O GIRIYAPPA, AGED ABOUT 54 YEARS, ITTAMADU VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT-562159. 6. SRI. A. SITA RAMA RAO AGED ABOUT 53 YEARS, S/O SRI VENKATA APPA RAO, RESIDING AT NO.85/1, SHIVA SHAKTHI BUILDING, 4TH FLOOR, K H ROAD, (DOUBLE ROAD) BENGALURU-560027. 7. SRI. C. SREENIVASA REDDY AGED ABOUT 56 YEARS, S/O LATE CHINNAPPA, - 3 - HC-KAR NC: 2025:KHC:35399 MFA No. 2013 of 2024 R/AT NO.105/17, 1ST FLOOR, 12TH MAIN ROAD, BTM LAYOUT 1ST STAGE, BENGALURU-560029. 8. RANGASWAMY S/O RANGAIAH, DEAD BY HIS LRS, SMT. VENKATALAKSHMAMMA W/O LATE RANGASWAMI AGED ABOUT 53 YEARS 9. SRI. RANGANATHA S/O LATE RANGASWAMI AGED ABOUT 28 YEARS RESPONDENTS NO.8 AND 9 ARE R/AT ANKAHALLI, YEREHALLI POST, KOOTAGAL HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562159. 10. SMT. PREMA D/O LATE RANGASWAMI W/O CHANDRA, AGED ABOUT 32 YEARS R/O. NAGARAKALLU VILLAGE, DODDAGANGAWADI POST, KOOTAGAL HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562159. AND ALSO R/AT LAKSHMIVENKATESHWARA NILAYA, 27TH WARD, 3RD STAGE, JEEGENAHALLI, SHANTHILAL LAYOUT, NEAR WATER TANK, RAYARADODDI (SHIVAJINAGAR) RAMANAGARA TOWN-562159 RAMANAGARA DISTRICT. 11. SMT. KALAVATHI D/O LATE RANGASWAMI - 4 - HC-KAR NC: 2025:KHC:35399 MFA No. 2013 of 2024 W/O NAGARAJU AGED ABOUT 27 YEARS R/AT AJJANAHALLI POST, MADABAL HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT-562120. 12. THE SPECIAL LAND ACQUISTION OFFICER COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY, NH-275, BASAVANAPURA VILLAGE, KASABA HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562159. 13. THE SPECIAL LAND ACQUISITION OFFICER COMPETENT AUTHORITY, N.H. NO.948, “A” BENGALURU RING ROAD, MALAVALLI ROAD, T.B.P.V PLAZA CHILUR GATE, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562117. …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 21.04.2023 PASSED ON I.A.NO.23 IN OS.NO.29/2011 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, RAMANAGARA, ALLOWING THE I.A.NO.23 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:35399 MFA No. 2013 of 2024 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The valuation mentioned in the suit is below Rs.10,00,000/-. Therefore, the appeal is maintainable before the District Court as per Section 19(1) of the Karnataka High Court Act. Hence, the appeal is dismissed as not maintainable before this Court with liberty to file appeal before the District Court. The time spent for prosecuting the appeal before this Court is excluded for the purpose of limitation as per Section 14 of the Limitation Act, 1963. SD/- (HANCHATE SANJEEVKUMAR) JUDGE RHS List No.: 1 Sl No.: 10