- 1 - HC-KAR NC: 2025:KHC-D:9432 MFA No. 102467 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 102467 OF 2024 (CPC-) BETWEEN: SAIFANASAB S/O AMEENSAB NADAF AGE. 62 YEARS, OCC. AGRICULTURE R/O. KALADAGI TQ. AND DIST. BAGALKOT -587204. …APPELLANT (BY SRI. GIRISH A. YADAWAD, ADV) AND: ABDULSAB S/O AMEENSAB NADAF AGE. 63 YEARS, OCC. SERVICE R/O. SIDDARAMESHWAR COLONY, GADDANKERI, DIST. BAGALKOT- 587204. …RESPONDENT THIS MFA IS FILED U/O.XLIII(1) (t) OF THE CPC., 1908, PRAYING TO SET ASIDE THE ORDER DATED 22.02.2024 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, BAGALKOTE IN CIVIL MISC.NO.5/2020 AND ALLOW THE PETITION FILED BY THE APPELLANT IN CIVIL MISC NO.5/2020 BY RESTORING THE APPEAL IN RA NO.25/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, BAGALKOTE FOR ITS DISPOSAL ON MERITS IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.05 15:32:46 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9432 MFA No. 102467 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. The appellant, being aggrieved by the order dated 22.02.2024 passed in Civil Miscellaneous No.5/2020, by the learned Prl. Senior Civil Judge and Chief Judicial Magistrate, Bagalkote, has filed this Miscellaneous First Appeal. 2. The Office has raised an objection regarding the maintainability of the appeal on the ground of pecuniary jurisdiction. 3. I have perused the impugned order, and the judgment and decree passed in Original Suit No.427/2016, wherein the respondent has valued the suit for ₹25,000/-. The said suit was decreed. 4. The appellant herein, aggrieved by the judgment and decree passed in O.S. No.427/2016 preferred an appeal in Regular Appeal No.25/2019. The said appeal was dismissed for non-prosecution, vide order dated 24.01.2020. - 3 - HC-KAR NC: 2025:KHC-D:9432 MFA No. 102467 of 2024 5. The appellant thereafter, filed a Miscellaneous Petition in Crl. Misc. No.5/2020 under Order XLI Rule 19 of the Civil Procedure Code, 1908, for readmission of the appeal. The First Appellate Court dismissed the said petition vide order dated 22.02.2024. 6. As the value of the suit for the purpose of jurisdiction is less than Rs.10,00,000/-, the appeal lies before the learned District Judge as per Section 191 of the Karnataka Civil Courts Act, 1964. 7. Hence, the office objection regarding the maintainability of the appeal is upheld. Accordingly, the appeal is dismissed as not maintainable. 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. - 4 - HC-KAR NC: 2025:KHC-D:9432 MFA No. 102467 of 2024 8. However, the liberty is reserved to the appellant to file appropriate proceedings before the appropriate forum. 9. The Registry is directed to return the certified copies of the documents to the appellant, after retaining a photocopy of the same. Sd/- (ASHOK S. KINAGI) JUDGE RK CT: BSB List No.: 2 Sl No.: 27