- 1 - HC-KAR NC: 2025:KHC:29849 RFA No. 284 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO. 284 OF 2025 (PAR) BETWEEN: 1. SMT. LAXMAMMA W/O NANJAPPA, D/O RANGAIAH, AGED ABOUT 60 YEARS, R/AT JODI THIMMASANDRA, MADHURE HOBLI-560089 DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT. 2. SMT. SAROJAMMA W/O BALAKRISHNA, D/O RANGAIAH, AGED ABOUT 54 YEARS, R/AT NO.255, MANJUNATHA NAGARA, 4TH MAIN, WEST OF CHORD ROAD, RAJAJINAGAR, BENGALURU-560010 …APPELLANTS (BY SRI. T.GOVINDA RAJA, ADVOCATE) AND: 1. SRI R.G.GANGANNA S/O LATE RANGAIAH, AGED ABOUT 68 YEARS, 2. SRI R.G.MURTHY S/O RANGAIAH, AGED ABOUT 64 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29849 RFA No. 284 of 2025 3. SMT. PADMA W/O RAVI KUMAR, AGED ABOUT 36 YEARS, R/AT APPEEGOWDANAPALYA, PIN-561003, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. 4. SMT. PREMA W/O VENKATESH, AGED ABOUT 34 YEARS, R/AT HARALE DIBBA, T.BEGUR POST-562123 KASABA HOBLI, NELAMANGALA TALUK. 5. SRI NAVEEN KUMAR S/O LATE GANGASIDDAIAH, SINCE DEAD UN MARRIED LEAVING BEHIND THE APPELLANTS AS THE LRS. 6. SRI RANGASWAMAIAH S/O LATE DODDARANGAIAH, AGED ABOUT 63 YEARS, 7. SMT. HANUMAKKA S/O LATE RANGAIAH, AGED ABOUT 68 YEARS, RESPONDENT NOS.1, 2, 6 AND 7 ARE R/AT MAJARE RANGAIAHANAPALYA, KAMBATHANAHALLI POST-572118 GULURU HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.10.2024 PASSED IN OS.NO.481/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, TUMAKURU, DISMISSING THE SUIT FOR PARTITION. - 3 - HC-KAR NC: 2025:KHC:29849 RFA No. 284 of 2025 THIS RFA COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Office has raised office objection regarding maintainability of the present appeal under Section 96 of the Code of Civil Procedure, 1908 (‘CPC’ for short). 2. Section 19 (1) of the Karnataka Civil Courts Act, 1964 with effect from 17.04.1989 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, the value of the plaintiff’s share does not exceed Rs.10.00 lakhs, consequently, the appeal under Section 96 CPC before this Court is not maintainable. The office objection regarding - 4 - HC-KAR NC: 2025:KHC:29849 RFA No. 284 of 2025 maintainability is upheld. The appellants are permitted to file a regular appeal before the appropriate District Court. 4. For statistical purpose, the regular first appeal stand disposed of. All contentions are kept open. Liberty is 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 MBM List No.: 1 Sl No.: 60