- 1 - HC-KAR NC: 2025:KHC:35095 RFA No. 1063 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.1063 OF 2023 (PAR/POS) BETWEEN: SRI D.V. RANGASWAMY S/O D. BASAVANTHAPPA, AGED ABOUT 36 MAJOR, R/O #455/B, SHAMANUR VILLAGE, DAVANAGERE TALUK-577004. …APPELLANT (BY SRI SAGAR B.B., ADVOCATE) AND: 1. SMT. TULASA BAI W/O LATE SURYA KUMAR KASABEKAR, SINCE DECEASED BY HIS LR’S. 1(a) YASHODHARE, D/O LATE SURYAKUMAR KASABEKAR, AGED ABOUT 31 YEARS, 1(b) AISHWARIAH D/O LATE SURYAKUMAR KASABEKAR, AGED ABOUT 29 YEARS, 1(c) DEEPAK, D/O LATE SURYAKUMAR KASABEKAR, AGED ABOUT 27 YEARS, ALL ARE R/O SHEETAL APARTMENT, KASHINATH PATEL NAGAR, DHANAKWADI, PUNE-411002. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35095 RFA No. 1063 of 2023 2. SMT. R.S.UMA BAI, W/O RAMESH, AGED ABOUT 60 YEARS, 3. SMT. KAMALA BAI, W/O RAMESH, AGED ABOUT 58 YEARS, 4. SRI GOVINDARAJU, S/O LATE SHIVANANDA RAO, AGED ABOUT 56 YEARS, ALL ARE R/O D.NO.976/2, 2ND CROSS, 2ND MAIN ROAD, VINOBANAGAR, DAVANAGERE-577004. 5. THE SECRETARY, LAKSHMI CREDIT CO-OP. SOCIETY LIMITED, KUVEMPU ROAD, DAVANAGERE-577002. 6. SRI B.M. KARIBASAIAH, S/O LATE MAHANTHAPAIAH, AGED ABOUT 63 YEARS, R/O BASAPURA VILLAGE, SHAMANUR VILLAGE, DAVANGERE TALUK AND DISTRICT-577004. 7. SMT. SUJATHA, W/O LATE DAYANANDA, AGED ABOUT 42 YEARS, 8. D.S. SHIVAKUMAR, S/O LATE DAYANANDA, AGED ABOUT 26 YEARS, 9. D.S.SAGAR, S/O LATE DAYANANDA, AGED ABOUT 24 YEARS, ALL ARE R/O D.NO.733/1, 9TH MAIN, P.J.EXTENSION, DAVANGERE-577002. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:35095 RFA No. 1063 of 2023 THIS RFA IS FILED UNDER SECTION 96 R/W SECTION 151 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.04.2019 PASSED IN O.S.NO.540/2009 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE DAVANAGERE, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT For the purpose of Court fee, the total value of the property was assessed at Rs.16,00,000/- and the plaintiff's share was valued at Rs.3,20,000/-. Accordingly, for the purpose of jurisdiction, the value of the suit is valued at Rs.3,20,000/-. In view of the same, the appeal is not maintainable before this Court and is therefore disposed of with liberty to the appellant to file an appeal before the appropriate Court and seek exclusion of time under Section 14 of the Limitation Act, 1963 in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 20