- 1 - HC-KAR NC: 2025:KHC:32421 RFA No. 1959 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.1959 OF 2025 (PAR/POS) BETWEEN: 1. SMT. SAROJAMMA W/O SHRI. LATE S. SWAMY, AGED ABOUT 75 YEARS, RESIDING AT KYATHANAHALLI VILLAGE, KASABA PANDAVAPURA, DISTRICT MANDYA-571434. 2. SHRI. K.S. KUMAR, S/O. SHRI. LATE S. SWAMY, AGED ABOUT 58 YEARS, RESIDING AT KYATHANAHALLI VILLAGE, KASABA PANDAVAPURA, DISTRICT MANDYA-571434. …APPELLANTS (BY SRI KRISHNAMOORTHY D., ADVOCATE) AND: SMT. K.S. BHARATHI D/O SHRI. LATE S. SWAMY, W/O PAPE GOWDA, AGED ABOUT 53 YEARS, RESIDING AT PATTASOMANAHALLI VILLAGE, KASABA PANDAVAPURA, DISTRICT MANDYA-571434. …RESPONDENT THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.06.2025 PASSED IN O.S.NO.81/2022 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT PANDAVAPURA., PARTLY DECREEING THE SUIT FOR PARTITION, SEPARATE POSSESSION AND MESNE PROFITS AND COSTS. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32421 RFA No. 1959 of 2025 THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Suit is one for partition and separate possession and the suit is valued at Rs.10.00 lakhs, ½ of its market value is Rs.5.00 lakhs. For the purpose of Court fees and jurisdiction, the suit is valued at Rs.21,25,000/- and 1/3rd share of the plaintiff is at Rs.7,08,333/-, which does not exceed Rs.10.00 lakhs. Hence, the appeal is not maintainable under Section 19(1) of the Karnataka Civil Courts Act, 1964. The appeal is returned to the appellant to present the same before the appropriate Court. 2. Accordingly, the regular first appeal stands disposed of as withdrawn. Liberty is reserved to the appellants to seek exclusion of time under Section 14 of the Limitation Act, 1963 in accordance with law. - 3 - HC-KAR NC: 2025:KHC:32421 RFA No. 1959 of 2025 3. Registry is directed to return the certified copies of the documents to the appellants after retaining the Photocopy of the same. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 70