- 1 - HC-KAR NC: 2026:KHC:12270 RFA No. 2365 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 2365 OF 2025 (PAR) BETWEEN: 1. SRI. M.D. RAMESH S/O LATE MADIVALARA DURGAPPA, AGED ABOUT 48 YEARS, RESIDING AT MILTECH FACTORY, HOSUR ROAD, BENGALURU - 560 100. 2. SMT. HANUMAKKA, D/O LATE MADIVALARA DURGAPPA, W/O NEELAKANTAPPA (MADIVALARA), AGED ABOUT MAJOR, 68 YEARS RESIDING AT THUMBIGERE VILLAGE, DAVANAGERE TALUK - 577 512. 3. SMT. RATNAMMA, D/O LATE MADIVALARA DURGAPPA, W/O CHANDRAPPA, AGED ABOUT MAJOR, 64 YEARS RESIDING NEAR BHUTAPPANA KATTE, WARD NO. 30, OLD KUNDAWADA VILLAGE, DAVANAGERE - 577 566. 4. SMT. VANAJAKSHAMMA, D/O LATE MADIVALARA DURGAPPA, W/O MADIVALARA NAGARAJAPPA, AGED ABOUT MAJOR, 56 YEARS RESIDING AT MUSTUGARAHALLI VILLAGE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12270 RFA No. 2365 of 2025 JAGALUR TALUK - 577 528. 5. SMT. GIRIJAMMA @ NEELAMMA, D/O LATE MADIVALARA DURGAPPA, W/O MADIVALARA NINGAPPA, AGED ABOUT MAJOR, 50 YEARS RESIDING AT PUTAGANAL VILLAGE, DAVANAGERE TALUK - 577 002. …APPELLANTS (BY SRI. MANJUNATH K, ADVOCATE) AND: 1. SRI. M. KARIYAPPA S/O LATE MADIVALARA DURGAPPA, AGED ABOUT MAJOR, 54 YEARS R/O HADADI VILLAGE, DAVANAGERE TALUK - 577 525. 2. SRI. BASAVARAJAPPA, S/O LATE MADIVALARA DURGAPPA. AGED ABOUT MAJOR, 60 YEARS R/O JANATHA COLONY, HADADI VILLAGE, DAVANAGERE TALUK - 577 525. 3. SMT. CHANNABASAMMA, D/O LATE MADIVALARA DURGAPPA, W/O NINGAPPA (NEELAPPAJJARA), AGED ABOUT MAJOR, 62 YEARS R/O JADAGANAHALLI VILLAGE, DAVANAGERE TALUK - 577 002. 4. SMT. SAKAMMA, D/O LATE MADIVALARA DURGAPPA, W/O LATE SHANKARALINGAPPA, - 3 - HC-KAR NC: 2026:KHC:12270 RFA No. 2365 of 2025 AGED ABOUT MAJOR, 58 YEARS R/O CHIKKAJAJUR, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577 523. 5. LATE MADIVALARA DURGAPPA. SINCE DEAD REPRESENTED BY APPELLANT NO. 1 TO 5 AND RESPONDENT NO.1 TO 4 …RESPONDENTS THIS RFA FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 13.11.2019 PASSED IN FDP NO.2/2012 ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE., ALLOWING THE PETITION FILED UNDER ORDER 20 RULE 18 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT The office has raised an objection regarding the maintainability of the captioned appeal on the ground that the valuation for the purpose of pecuniary jurisdiction is less than `10,00,000/- and therefore the appeal would not lie before this Court. 2. Having examined the office objection and the records placed on file, this Court finds that the objection raised by the office is well-founded. In view of the valuation being less than - 4 - HC-KAR NC: 2026:KHC:12270 RFA No. 2365 of 2025 `10,00,000/-, the present appeal is not maintainable before this Court. 3. Accordingly, the appeal stands dismissed as not maintainable. Liberty is reserved to the appellants to present the appeal before the appropriate appellate court in accordance with law. 4. The Registry is directed to forthwith return all the certified copies to the appellants after retaining photocopies of the same on record. In the event the appellants file an appeal before the appropriate court within a period of three weeks from the date of receipt of certified copy of this order, the time spent in prosecuting the present appeal before this Court shall be excluded while computing limitation, by extending the benefit under Section 14 of the Limitation Act, 1963. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 26