- 1 - HC-KAR NC: 2026:KHC:32047 RFA No. 1306 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 1306 OF 2026 BETWEEN: K.N. MUKESH, ALIAS PALA S/O. NARAYANAPPA, 39 YEARS, R/AT. 5TH CROSS, SLN NAGAR, KYATHASANDRA, URDIGERI HOBLI, TUMAKURU TALUK AND DISTRICT. …APPELLANT (BY SRI. KARUMBAIAH T.A, ADVOCATE) AND: 1. GOWRAMMA W/O. LATE GANAGAIAH, 80 YEARS. 2. LAKSHAMMA, W/O. SHIVANNA, 65 YEARS. 3. HANUMANTHARAYAPPA, S/O. LATE GANGAIAH, 53 YEARS. 4. RAVI KUMAR, S/O. LATE GANGAIAH, 53 YEARS. 5. MANJUNATHA, S/O. LATE GANGAIAH, 47 YEARS. 6. GEETHA, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32047 RFA No. 1306 of 2026 W/O. GOVINDARJU, 45 YEARS, R/AT. SIDDARTHA NAGARA, KASABA HOBLI, TUMKUR CITY. 7. KALI THIMMAIAH, S/O. LATE DODDATHIMMAIAH, 80 YEARS. 8. KEMPAMMA, D/O. LATE DODDATHIMMAIAH, 98 YEARS. 9. MARAKKA, W/O. LATE MAHIGAIAH, 88 YEARS. RESPONDENT NO.1 TO 5, 7, 8 AND 9 ARE RESIDING AT III CROSS, SLN NAGAR, KYATHASANDRA URDIGER HOBLI, TUMAKUR TALUK AND DISTRICT. 10. GANGAMMA W/O. THOPAIAH, 61 YEARS, R/AT. SINGANAHALLI, MUDIGER VILLAGE, M.H. PATTANA, POST, GUBBI TALUK TUMKUR DISTRICT. 11. NARASIMHAMURTHY, S/O. LATE PUTTANARASAIAH, 55 YEARS, R/AT. KALIPALYA, ADGUR POST, GUBBI TALUK, TUMKUR DISTRICT. 12. JAYAMMA, W/O. LAKSHMAIAH, 53 YEARS, R/AT. ADUGODI AT POST, GUBBI TALUK, TUMKUR DISTRICT. - 3 - HC-KAR NC: 2026:KHC:32047 RFA No. 1306 of 2026 13. KAMBALLA, W/O. HANUMANTHAIAH, 69 YEARS, R/AT. V.CROSS, SLN NAGAR, KYATHASANDRA, URDIGER HOBLI, TUMKUR TALUK AND DISTRICT. 14. THE COMMISSIONER, TOWN MUNICIPAL, TUMKUR, TUMKUR TALUK AND DISTRICT. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.11.2024 PASSED IN OS.NO.1514/2011 ON THE FILE OF THE C/C I ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU, DECREEING THE SUIT FOR PARTITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant submits that the value of the property is less than Rs.10,00,000/-. Therefore, the appeal lies before the District Court. Hence, the appeal is not maintainable before this Court. - 4 - HC-KAR NC: 2026:KHC:32047 RFA No. 1306 of 2026 2. Accordingly, the appeal is dismissed as not maintainable. However, liberty is reserved to the appellant to file an appeal before the District Court. 3. The time spent for prosecuting the appeal before this Court is excluded for the purpose of limitation as per Section 14 of the Limitation Act, 1963. Registry is directed to return all the original copies to the appellant/counsel for the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE rv List No.: 1 Sl No.: 9