- 1 - HC-KAR NC: 2025:KHC:36222 RFA No. 281 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.281 OF 2024 (PAR) BETWEEN: 1. SMT. HONNAMMA .R W/O LATE LAKSHMI PATHI, D/O LATE RAMAKRISHNAPPA, AGED ABOUT 56 YEARS, R/AT NO.10, A.G.R. NIVAS, 4TH CROSS, BEHIND VENKATESHWARA TALKIES, AVALAHALLI, GEF POST, MYSORE ROAD, BANGALORE-560026. 2. SMT. MANGALA .R W/O DEVARAJ, AGED ABOUT 54 YEARS, R/AT 13/1, M.M. ROAD, MARUTHI NILAYA, 4TH CROSS, BYATARAYANAPURA, GEF POST, MYSORE ROAD, BANGALORE-560026. …APPELLANTS (BY SRI R.B. SADASIVAPPA, ADVOCATE) AND: 1. SRI NAGARAJ K.R. S/O LATE RAMAKRISHNA, AGED ABOUT 52 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36222 RFA No. 281 of 2024 2. SRI KUMAR K.R. S/O SRI LATE RAMAKRISHNAPPA, AGED ABOUT 50 YEARS, 3. SMT. JAYAMMA W/O SRI LATE RAMAKRISHNAPPA, AGED ABOUT 71 YEARS, ALL ARE RESIDING AT NO.21, KENGERI ROAD, K.N.R. NIVAS, BANGALORE-560086. DIED ON 09-12-2023 AND SINCE HER LR’s ARE ALREADY ON RECORD i.e., RESPONDENT NO.1 AND 2. 4. SRI SUNIL KUMAR KABRA S/O SRI HANUMAN PRASAD KABRA, AGED ABOUT 61 YEARS, R/AT NO.91, WEST OF CHORD ROAD, MAHALAKSHMIPURAM II STAGE, II PHASE, BANGALORE-560086. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 25.10.2023 PASSED ON IA NO.V IN O.S.NO.889/2018 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU., ALLOWING THE IA NO.5 FILED UNDER ORDER VII RULE 11(a) AND (d) R/W SECTION 151 OF CPC., FOR REJECTION OF PLAINT. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36222 RFA No. 281 of 2024 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT The suit is one for partition and separate possession. The value of the plaintiffs share is quantified at Rs.6,00,000/- as per the valuation slip annexed to the appeal papers. The appeal is not maintainable before this Court. 2. Therefore, the appeal is disposed of. Appellants are at liberty to approach the appropriate forum in accordance with law. Liberty is also reserved to the appellants to seek exclusion of time under Section 14 of the Limitation Act, 1963 in accordance with law. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 49