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2026 DAILYLAW 17488 (KAR)

G T PUTTASWAMY v. G T SHANTHAMMA

RFA/902/2026 · 2026-04-30

R Nataraj

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:24314 RFA No. 902 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. 902 OF 2026 (PAR) BETWEEN: G.T. PUTTASWAMY S/O LATE G.T.THIMMEGOWDA AGED ABOUT 52 YEARS R/O GOWDARAHALLI VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571432 …APPELLANT (BY SRI. ANIL KUMAR R., ADVOCATE) AND: 1. G.T. SHANTHAMMA D/O LATE G.T.THIMMEGOWDA, W/O YOGESH AGED ABOUT 47 YEARS 2. G.T. GAYITRI D/O LATE G.T.THIMMEGOWDA, W/O GOPALA, AGED ABOUT 58 YEARS BOTH ARE R/O GOWDARAHALLI VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.11.2025 PASSED IN OS.NO.76/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24314 RFA No. 902 of 2026 JUDGE AND JMFC, NAGAMANGALA, 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-defendant no.2 has challenged the Judgment and Decree dated 21.11.2026 passed in O.S.No.76/2023 on the file of the learned I Additional Senior Civil Judge and JMFC at Nagamangala. 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. - 3 - HC-KAR NC: 2026:KHC:24314 RFA No. 902 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. 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.: 15