- 1 - HC-KAR NC: 2026:KHC:8003 WP No. 21968 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 21968 OF 2024 (GM-CPC) BETWEEN: SMT. UMA, WIFE OF LATE MAHALILNGAIAH, AGED ABOUT 57 YEARS, RESIDING AT FARM HOUSE, ARVESANDRA, KASABA HOBLI, GUBBI TALUK, TUMKURU DISTRICT - 572216. (TRANSPOSED AS PETITIONER V/O DATED: 18.11.2025) …PETITIONER (BY SRI.P.R. MADHU GOUD, ADVOCATE) AND: 1. SRI NIJANANDA MURTHY SON OF MAHALINGAIAH, AGED ABOUT 34 YEARS, RESIDING AT AMMANAGHATTA VILLAGE KASABA HOBLI, GUBBI TALUK, TUMKURU DISTRICT - 572 216 2. SRI PARAMESHVARAIAH, SON OF MUDDAIAH, AGED ABOUT 60 YEARS RESIDING AT THAGACHEGATTE VILLAGE SHETTIKERE HOBLI CHIKNAYAKANAHALLI TALUK, TUMKURU DISTRICT - 572 226 3. SRI RAMANNA SON OF MUDDAIAH, AGED ABOUT 55 YEARS, RESIDING AT FORM HOUSE, AMMANAGHATTA VILLAGE, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8003 WP No. 21968 of 2024 KASABA HOBLI, GUBBI TALUK, TUMKURU DISTRICT - 572 216 4. SRI NAGARAJU SON OF MUDDAIAH, AGED ABOUT 51 YEARS RESIDING AT FORM HOUSE, AMMANAGHATTA VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKURU DISTRICT - 572 216 5. SRI MAHADEVAIAH, SON OF MUDDAIAH, AGED ABOUT 48 YEARS, RESIDING AT FORM HOUSE, AMMANAGHATTA VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKURU DISTRICT - 572 216 6. SMT. SHIVAGANGAMMA WIFE OF PARAMESHWARAIAH, AGED ABOUT 55 YEARS RESIDING AT THAGACHEGATTA VILLAGE, SHETTIKERE HOBLI, CHIKNAYAKANAHALLI TALUK, TUMKURU DISTRICT - 572 226 7. SMT. SHARADAMMA WIFE OF RAMANNA, AGED ABOUT 53 YEARS, RESIDING AT FORM HOUSE, AMMANAGHATTA VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKURU DISTRICT - 572 216 8. SMT. SHASHIKALA WIFE OF NAGARAJU, AGED ABOUT 53 YEARS, RESIDING AT FORM HOUSE, AMMANAGHATTA VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKURU DISTRICT - 572 216 - 3 - HC-KAR NC: 2026:KHC:8003 WP No. 21968 of 2024 9. SMT. SHIVAGANGAMMA DAUGHTER OF MUDDAIAH, WIFE OF BASAVARAJU, AGED ABOUT 65 YEARS, RESIDING AT GOPALAHALLI SHETTIKERE HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMKURU DISTRICT - 572 226 10. SMT. NIRMALA DAUGHTER OF MAHALINGAIAH, WIFE OF ANANDAMURTHY, AGED ABOUT 36 YEARS, RESIDING AT GODEKERE VILLAGE, SHETTIKERE HOBLI CHIKKANAYAKANAHALLI TALUK, TUMKURU DISTRICT - 572 226 11. SRI L LOKESH, SON OF MAHALINGAIAH, AGED ABOUT 28 YEARS, RESIDING AT AMMANAGHATTA VILLAGE, KASABA HOBLI, GUBBI TALUK TUMKURU DISTRICT - 572 216 …RESPONDENTS (BY SRI. S V PRAKASH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT QUASHING THE ORDER DTD 20.06.2024 PASSED IN R.P NO. 9/2023 BY THE HONBLE PRL. DISTRICT AND SESSIONS JUDGE, TUMAKURU AT ANNEXURE-A AND CONSEQUENTLY, DIRECT THE TRIAL COURT TO REGISTER THE APPEAL BY OVERRULING THE OBJECTIONS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:8003 WP No. 21968 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “a. Issue a writ in the nature of Certiorari or any other appropriate Writ, order or direction quashing the order dated 20.06.2024 passed in Review Petition No.9/2023 by the Hon’ble Prl. District and Sessions Judge, Tumakuru at Annexure-A and consequently, direct the Trial Court to register the appeal by overruling the objections. b. Issue any Writ or order or direction as this Hon’ble Court deems fit in the circumstances of the case, including an order as to cost of this Writ Petition, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record. 3. Respondent No.1-plaintiff instituted a suit in O.S.No.26/2014 against the petitioner-defendant No.1 and other defendants seeking his legitimate share in the suit schedule immovable properties and for other reliefs. A perusal of the plaint will indicate that though the plaintiff sought for his legitimate share in the suit schedule properties, the value of the subject matter of - 5 - HC-KAR NC: 2026:KHC:8003 WP No. 21968 of 2024 the total value of the suit schedule properties was quantified at Rs.85,00,000/- and movables at Rs.20,00,000/- i.e., in all Rs.1,05,00,000/- without specifically mentioning/quantifying the alleged undivided legitimate share of the plaintiff. By judgment and decree dated 30.11.2018, the Trial Court decreed the suit in favour of the plaintiff by declaring that the plaintiff is entitled to 1/16th share in the suit schedule properties. Aggrieved by the said judgment and decree, the petitioner-defendant No.1 filed an appeal in R.A.(FR)No.139/2023 before the First Appellate Court. By the impugned order dated 12.10.2023, the First Appellate Court came to the conclusion that it lacked pecuniary jurisdiction to entertain and adjudicate upon the appeal and directed the appeal memorandum to be returned to the petitioner-appellant for re- presentation before the jurisdictional Appellate Court. Aggrieved by the said order passed by the First Appellate Court, the petitioner filed a review petition in R.P.No.9/2023 inter alia contending that the value of the subject matter of the appeal being the plaintiff's declared 1/16th share would be less than Rs.10,00,000/- and well within the pecuniary jurisdiction of the First Appellate Court. By the impugned order, the First Appellate Court proceeded to dismiss the - 6 - HC-KAR NC: 2026:KHC:8003 WP No. 21968 of 2024 review petition filed by the petitioner, who is before this court by way of the present petition. 4. A perusal of the impugned order passed by the First Appellate Court, returning R.A.(FR)No.139/2023 dated 12.10.2023 as well as the impugned order dismissing R.P.No.9/2023 dated 20.06.2024 will clearly indicate that the First Appellate Court has come to the incorrect conclusion that it is the total value of the subject matter of the suit schedule properties, which would have to be reckoned/considered for the purpose of pecuniary jurisdiction. In this context, the First Appellate Court failed to consider and appreciate that as per the preliminary decree and the final decree, though the plaintiff had himself not quantified his share, the Trial Court had quantified the share of the plaintiff as 1/16th out of the total value of Rs.1,05,00,000/- and as such, the said one 1/16th share would be less than Rs.10,00,000/- and well within the jurisdiction of the First Appellate Court. Under these circumstances, I am of the considered opinion that the impugned orders deserve to be set aside and the matter may be remitted back to the First Appellate Court by issuing certain directions. 5. In the result, I pass the following: - 7 - HC-KAR NC: 2026:KHC:8003 WP No. 21968 of 2024 ORDER (i) The petition is allowed. (ii) The impugned order dated 20.06.2024 passed in R.P.No.9/2023 by the Prl. District and Sessions Judge, Tumakuru and the impugned order dated 12.10.2023 passed in RA(FR)No.139/2023 by the First Appellate Court are hereby set aside. (iii) The appeal in RA(FR)No.139/2023 is restored to the file of the First Appellate Court. (iv) Registry of the First Appellate Court is directed to allot a number to the aforesaid appeal and proceed further in the matter. (v) The petitioner and respondent No.1 shall appear before the First Appellate Court on 16.02.2026 without awaiting further notice from the First Appellate Court. (vi) Upon the registry of the First Appellate Court giving/allotting number to the appeal and posting it before the First Appellate Court on 16.02.2026, the - 8 - HC-KAR NC: 2026:KHC:8003 WP No. 21968 of 2024 First Appellate Court shall consider and pass appropriate orders on the stay application filed by the petitioner within a period of two weeks from 16.02.2026. (vii) The undertaking given by the learned counsel for the respondent No.1 that till disposal of I.A.No.1 for stay filed by the petitioner before the First Appellate Court in the appeal, respondent No.1 shall not precipitate the execution proceedings is placed on record without prejudice to the rights and contentions of the parties Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 8