- 1 - HC-KAR NC: 2025:KHC:36405 RFA No. 2766 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.2766 OF 2024 (PAR) BETWEEN: 1. SRI ANANDA S/O LATE NANJUNDAIAH, AGED ABOUT 55 YEARS, R/AT NO.10/8/15, B CROSS, KATHRIGUPPE MAIN ROAD, BANGALORE-560085 2. SRI BHARATH S/O ANANDA, AGED ABOUT 39 YEARS, R/AT NO.10/8/15, B CROSS, KATHRIGUPPE MAIN ROAD, BANGALORE-560085 3. SRI SHARATH S/O ANANDA, AGED ABOUT 32 YEARS, R/AT NO.10/8/15, B CROSS, KATHRIGUPPE MAIN ROAD, BANGALORE-560085. …APPELLANTS (BY SRI BHARATHGOWDA B.R., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36405 RFA No. 2766 of 2024 AND: 1. SMT. JAYAMMA W/O LATE NINGAPPA, AGED ABOUT 64 YEARS, NO.6, SIDDARTHA LAYOUT, 2ND CROSS, VIVEKANANDA NAGARA, OPP. STC BANK, KATHARAGUPPE MAIN ROAD, BANGALORE-560085. 2. SMT. SAROJAMMA W/O RAMANNA, AGED ABOUT 62 YEARS, NO.6, SIDDARTHA LAYOUT, 2ND CROSS, VIVEKANANDA NAGARA, OPP. STC BANK, KATHARAGUPPE MAIN ROAD, BANGALORE-560085. 3. SMT. SHIVAMMA W/O LATE PAPANNA, AGED ABOUT 60 YEARS, R/AT NO.89, 5TH MAIN ROAD, KATHARAGUPPE EAST, BSK 3RD STAGE, BANGALORE-560085. 4. SMT. NAGARATHNA W/O NAGARAJU, AGED ABOUT 54 YEARS, R/AT NO.21/32, PATTALAMMA TEMPLE ROAD, ITTAMADU, MANJUNATHA NAGAR, BANGALORE-560085. SMT. NANJAMMA W/O LATE NANJUNDAIAH, SINDE DEAD THE LRS ARE ALREADY ON RECORD. - 3 - HC-KAR NC: 2025:KHC:36405 RFA No. 2766 of 2024 5. SMT. SUKANYA, W/O RAJU, D/O LATE NANJUNDAIAH, AGED ABOUT 52 YEARS, R/AT NO.19, DARSHAN NILAYA, ULLALU MAIN ROAD, MANGANAHALLI CROSS, BYRAVESHWARA NAGAR, BANGALORE-560110 6. SRI MUNIRAJU S/O LATE PUTTALAKSHMAMMA, AGED ABOUT 46 YEARS, R/AT NO.8, 2ND CROSS, ITI LAYOUT, KATHRIGUPPE MAIN ROAD, BANGALORE-560085 7. SMT. GOWRAMMA D/O LATE KURLAPPA, AGED ABOUT 69 YEARS, R/AT ANNENAHALLI VILLAGE, MANCHEGOWDANAPALYA POST, KYLANCHA POST, RAMANAGARA-562159. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.10.2024 PASSED IN O.S.NO.479/2011 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, RAMANAGARA., 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 - 4 - HC-KAR NC: 2025:KHC:36405 RFA No. 2766 of 2024 ORAL JUDGMENT Office has raised an office objection regarding maintainability of the present appeal under Section 19(1) of the Karnataka Civil Courts Act, 1964 (‘Act’ for short). 2. Section 19(1) of the Act 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;” 3. In the present case, as per the valuation slip, the plaintiffs’ share is valued at Rs.8,50,000/- for purpose of jurisdiction. Hence, the value of the appeal does not exceed Rs.10 lakhs. Consequently, the present appeal under Section 96 CPC before this Court is not maintainable. - 5 - HC-KAR NC: 2025:KHC:36405 RFA No. 2766 of 2024 4. Accordingly, the office objection regarding maintainability is upheld. The appellants are permitted to file a Regular Appeal before the jurisdictional District Court. 5. Liberty is reserved to the appellants to approach the appropriate forum and to seek exclusion of time under Section 14 of the Limitation Act, 1963 in accordance with law. 6. Hence, the appeal stands disposed of. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 46