- 1 - HC-KAR NC: 2026:KHC:24310 RFA No. 811 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 811 OF 2026 (PAR/POS) BETWEEN: SMT. SHYLAJA W/O D NAGENDRAPPA AGED ABOUT 79 YEARS NO.213/S, 1ST B CROSS, 4TH MAIN ROAD, 1ST BLOCK, RAMAKRISHNANAGARA, MYSURU - 570022 …APPELLANT (BY SRI. VEERABHADRA SWAMY H P., ADVOCATE) AND: SMT. SHARADAMMA DEAD (ALL THE LRS ARE ON RECORD) SRI JAGANNATHA PATIL DEAD BY LRS 1. SMT. MANJULA W/O LATE JAGANNATH PATIL AGED ABOUT 70 YEARS, 2. SRI. DEEPAK PATIL S./O LATE JAGANNATH PATIL AGED ABOUT 45 YEARS, BOTH ARE R/AT HIREJAMBUR VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - 577427 SRI VEERENDRA PATIL DEAD BY LRS Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24310 RFA No. 811 of 2026 3. SMT. ISHWARYA W/O LATE T. VEERANDRA PATIL AGED ABOUT 63 YEARS, 4. MEGHA D/O LATE T. VEERANDRA PATIL AGED ABOUT 40 YEARS BOTH ARE R/O 24/25, 5TH CROSS, 8TH 'A' MAIN ROAD, TATA NAGARA, BENGALURU - 560092 5. SRI. RAVINDRA PATIL S/O LATE T. JAYADEVAPPA GOWDA AGED ABOUT 62 YEARS, NO.278, 1ST MAIN ROAD, 3RD CROSS, KEB LAYOUT, SANAJAYANAGARA BENGALURU - 560094 6. SMT. N.V. MAMATHA W/O VISWANATHA, AGED ABOUT 60 YEARS, C/O H.S. CHANDRAMOULI R/O 4TH CROSS, DR. LOHIYA ROAD, HASSAN - 573201 (PRESENT ADDRESS: ANUGRAH, 4TH CROSS, NAVANAGARA, SOWLANGA ROAD, NEAR KUVEMPU NAGAR DOUBLE ROAD, SHIVAMOGGA - 577201) 7. SRI. KOWSHIK RAJ S/O JAGADEESH K.B. AGED ABOUT 39 YEARS, R/O VISHALA GUTYAPPA COLONY 2ND CROSS, SHIVAMOGGA - 577201 PRESENT ADDRESS. NO.207, 8TH BLOCK, SOUNDARYA GARDENIA APARTMENT, HMT MAIN ROAD, OPPOSITE JALAHALLI POLICE STATION - 3 - HC-KAR NC: 2026:KHC:24310 RFA No. 811 of 2026 BENGALURU - 560013 8. SMT. PRAJNA, W/O KESHAV AGED ABOUT 43 YEARS, R/O HOUSE NO. 416, MARUTHI NILAYA, SARASWATHI NAGARA BENAGLURU - 560040 PRESENT ADDRESS: NO.278, BINDU NEXT TO SLV REAL ESTATE, NEAR ULLAL R.T.O. OFFICE UPKAR LAYOUT, BENGALURU - 560091 9. KUM. SHARADI D/O JAGADISH K.B. AGED ABOUT 41 YEARS, R/O VISHAA GUTYAPPA COLONY, PAMPANAGAR, 2ND CROSS, SHIVAMOGGA - 577201 10. SRI JAGADISH K B R/O VISHALA GUTYAPPA COLONY, PAMAPANAGAR, 2ND CROSS, SHIVAMOGGA 577201 (THE DEFENDANT NO.9 AND 10 ARE PRESENTLY R/O NO. 207 'A' BLOCK, SOUNDARYA GARDENIA APARTMENT, AMC MAIN ROAD, OPPOSITE JALAHALLI POLICE STATION, BENGALURU - 560013) 11. SRI. NITISH KUMAR K M S/O K. MOHANKUMAR, AGED ABOUT 50 YEARS, AGRICULTURE DIRECTOR, KRISHI NAGAR, NEAR TARALABALU GIRLS HOSTEL, SHIVAMOGGA CITY - 577201 …RESPONDENTS - 4 - HC-KAR NC: 2026:KHC:24310 RFA No. 811 of 2026 THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLVI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.01.2026 PASSED IN OS NO.36/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SHIKARIPURA, 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 MR. JUSTICE R. NATARAJ ORAL JUDGMENT The appellant-plaintiff has challenged the Judgment and Decree dated 06.01.2026 passed in O.S.No.36/2011 on the file of the learned Senior Civil Judge and JMFC, Shikaripura. 2. The office has raised objection that the share of the plaintiff was valued at Rs.10,00,000/- and therefore, the appeal is not maintainable before this Court. 3. In view of Section 19(1) of the Karnataka Civil Courts Act, 1964, the appeal is to be field before the District Court and not before this Court. 4. Accordingly, the office objections regarding maintainability of the appeal is upheld and the appeal is not maintainable before this Court. - 5 - HC-KAR NC: 2026:KHC:24310 RFA No. 811 of 2026 5. Office is directed to return the certified copy of the impugned judgment and decree to the appellant after retaining a photocopy. 6. Since the appellant has paid Court fees on this appeal, the appellant is exempted from paying Court fees on the appeal that may be filed before the appropriate Court. 7. The time consumed in pursuing this appeal before this Court shall be deducted while calculating the period of limitation in preferring the appeal before the appropriate Court. Sd/- (R. NATARAJ) JUDGE BSV List No.: 1 Sl No.: 13