- 1 - HC-KAR NC: 2026:KHC:11543 RFA No. 1933 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 1933 OF 2025 (RES) BETWEEN: 1. SMT. SHIVAMMA W/O VIJAYAPPA AGED ABOUT 47 YEARS RESIDING AT BANUMANAKATTE VILLAGE AND POST SHIMOGGA TALUK SHIMOGGA DISTRICT KARNATAKA-577 201. …APPELLANT (BY SRI. JAYARAJ .D.S, ADVOCATE) AND: 1. SRI. HANUMANTHAPPA S/O RANGAPPA AGED ABOUT 70 YEARS 2. SRI. BASAVARAJAPPA S/O RANGAPPA AGED ABOUT 65 YEARS 3. SRI. GANGURAPPA S/O RANGAPPA AGED ABOUT 71 YEARS 4. SRI. MAHINDRA RAO S/O BHAIROJI RAO AGED ABOUT 71 YEARS Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11543 RFA No. 1933 of 2025 R1 TO R4 ARE RESIDING AT BASAVANA GANGURU VILLAGE SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT KARNATAKA-577 204. 5. THE SPECIAL LAND ACQUISITION OFFICER UPPER TUNGA PROJECT SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT KARNATAKA-577 201. 6. THE EXECUTIVE ENGINEER UPPER TUNGA PROJECT SHIVAMOGGA DIVISION SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT KARNATAKA-577 201. …RESPONDENTS THIS RFA FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.07.2025 PASSED ON IA NO. 6 IN EX.P.NO.55/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, REJECTING THE IA NO. 6 FILED U/O XXI RULE 97 TO 106 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 Office has raised an objection in regard to maintainability of appeal since the value of appeal does not exceed Rs.10,00,000/-. - 3 - HC-KAR NC: 2026:KHC:11543 RFA No. 1933 of 2025 2. On perusal of the valuation stated in the appeal memo, the appeal is valued at Rs.6,48,000/- for the purpose of pecuniary jurisdiction. Therefore, appeal lies before the District Judge. 3. Upholding the office objection, the appeal is dismissed as not maintainable. Liberty is reserved to the appellant to approach the competent appellate Court. 4. Registry shall forthwith return certified copies of the judgment after securing photocopies. 5. Time spent before this Court shall be excluded in the event appeal is filed within two weeks from the date of receipt of a copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 43