- 1 - HC-KAR NC: 2025:KHC-D:9014 RFA No. 100421 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 100421 OF 2024 (MON) BETWEEN: THE STATE OF KARNATAKA, REPRESENTED BY DISTRICT HEALTH AND FAMILY WELFARE OFFICER, BALLARI, SRI. DR. SRIKANTH BASUR, D.H. AND F.W. OFFICER, BALLARI GOUSH HOSPITAL COMPOUND, ANANTHAPUR ROAD, BALLARI. … APPELLANT (BY SRI. ASHOK T. KATTIMANI, AGA) AND: 1. DR. T. NIZAMUDDIN S/O FATHER NAME NOT KNOWN, SINCE DECEASED REPRESENTED BY HIS LEGAL HEIRS. SMT. HABIBUNISHAS BEGAUM W/O LATE DR. P. NIZAMUDDIN, AGED ABOUT 78 YEARS, R/O: BEHIND CENTRAL JAIL, PARVATHI NAGAR, BALLARI. 2. DR. KHAJAMOINDDIN W/O LATE DR. P. NIZAMUDDIN AGED ABOUT 58 YEARS, MENTAL SPECIALIST, VIMS BALLARI, R/O: BEHIND CENTRAL JAIL, PARVATHI NAGAR, BALLARI. … RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DATED 22.11.2019 PASSED IN O.S. NO.250/2012 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI IN THE INTEREST OF JUSTICE. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9014 RFA No. 100421 of 2024 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 valuation of the subject matter is Rs.5,15,000/-. Therefore, the office is correct in raising objection regarding maintainability of the appeal. Accordingly, the appeal is dismissed as not maintainable. 2. Liberty is reserved to file appeal before the District Court. The appellant is entitled to benefit of Section 14 of the Limitation Act, 1963. 3. Two weeks time is grated to file appeal before the District Court. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 18