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2026 DAILYLAW 23514 (KAR)

MR. ASIFF PASHA v. MR. MOULA SHARIEF

MFA/9335/2025 · 2026-06-11

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28268 MFA No. 9335 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 9335 OF 2025 (CPC) BETWEEN: 1. MR. ASIFF PASHA S/O. LATE S.M. KHALEEL AGED ABOUT 63 YEARS. 2. MRS. PERVEEN TAZ D/O. LATE S.M.KHALEEL AGED ABOUT 59 YEARS. 3. MRS. SHAYIN TAZ, D/O. LATE S.M. KHALEEL AGED ABOUT 57 YEARS. 4. MRS. ZARIN TAZ, D/O. LATE S.M. KHALEEL AGED ABOUT 55 YEARS. 5. MR. YEZAS PASHA, S/O. LATE S.M. KHALEEL AGED ABOUT 53 YEARS. 6. MR. IQUABAL PASHA S/O. LATE S.M. KHALEEL AGED ABOUT 51 YEARS. 7. MR. HAYAZ PASHA S/O. LATE S.M. KHALEEL AGED ABOUT 49 YEARS. ALL ARE RESIDENTS OF SATHANUR VILLAGE SATHANUR HOBLI KANAKAPURA TALUK Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28268 MFA No. 9335 of 2025 RAMANAGARA DISTRICT - 562 117. …APPELLANTS (BY SRI BALARAJ A.C., ADVOCATE) AND: 1. MR. MOULA SHARIEF S/O. LATE MOHAMMED MUSTHAFA AGED ABOUT 54 YEARS. 2. MR. PEER PASHA, S/O. LATE MOHAMMED MUSTHAFA AGED ABOUT 44 YEARS. BOTH ARE RESIDENTS OF SATHANUR VILLAGE SATHANUR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 117. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(R) OF THE CPC, AGAINST THE ORDER DT. 21.11.2024 PASSED IN MISC. NO. 08/2021 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, KANAKAPURA, C/C PRINCIPAL CIVIL JUDGE AND JMFC, KANAKAPURA, DISMISSING THE PETITION FILED U/O.9 RULE 13 R/W SECTION 151 CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for appellants is present. 2. Registry has raised objection regarding maintainability of the appeal on the ground that the valuation of the appeal is less than ₹10,00,000/- and therefore, the - 3 - HC-KAR NC: 2026:KHC:28268 MFA No. 9335 of 2025 appeal is barred under Section 19 of the Karnataka Civil Courts Act, 1964. 3. Having perused para-10 of the plaint, wherein the suit has been valued at ₹14,000/-, this Court finds merit in the objection raised by the Registry. Therefore, the objection is sustained. Consequently, the appeal is held to be not maintainable. Accordingly, the appeal is dismissed as not maintainable. 4. Liberty is reserved to the appellants to file such proceedings as may be permissible in law before the appropriate Forum. 5. The time spent in agitating the matter before this Court, shall be excluded in accordance with the provisions of the Limitation Act, 1963. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 9