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2026 DAILYLAW 33148 (KAR)

PUTTASWAMY v. NINGAIAH

MFA/3868/2026 · 2026-08-13

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010359492026 NC: 2026:KHC:43701 MFA No. 3868 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3868 OF 2026 (CPC) BETWEEN: PUTTASWAMY S/O. LATE SIDDEGOWDA @ MOTEGOWDA AGED ABOUT 77 YEARS R/AT SIDDEGOWDANADODDI VILLAGE MALLANAYAKANAHALLI DAKLE ATAGURU HOBLI, MADDUR TALUK MANDYA DISTRICT - 571 428. …APPELLANT (BY SRI SAMPATH KUMAR A.V., ADVOCATE) AND: 1. NINGAIAH S/O. LATE BILIGOWDA AGED ABOUT 69 YEARS R/AT SIDDEGOWDANADODDI VILLAGE MALLANAYAKANAHALLI DAKLE ATAGURU HOBLI, MADDUR TALUK MANDYA DISTRICT - 571 428. APPAJI S/O. BOKKIMOTAIAH SINCE DEAD BY LR'S RES. NOS.2 TO 5 AND APPELLANT NO.1. 2. SHANKARAIAH @ SHIVASHANKARAIAH S/O. LATE SIDDEGOWDA @ MOTEGOWDA AGED ABOUT 60 YEARS R/AT SIDDEGOWDANADODDI VILLAGE MALLANAYAKANAHALLI DAKLE Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010359492026 NC: 2026:KHC:43701 MFA No. 3868 of 2026 ATAGURU HOBLI, MADDUR TALUK MANDYA DISTRICT - 571 428. 3. S. KEMPEGOWDA S/O. LATE SIDDEGOWDA @ MOTEGOWDA AGED ABOUT 67 YEARS R/AT SIDDEGOWDANADODDI VILLAGE MALLANAYAKANAHALLI DAKLE ATAGURU HOBLI, MADDUR TALUK MANDYA DISTRICT - 571 428. 4. CHIKKAMARI S/O. LATE SIDDEGOWDA @ MOTEGOWDA AGED ABOUT 63 YEARS R/AT SIDDEGOWDANADODDI VILLAGE MALLANAYAKANAHALLI DAKLE ATAGURU HOBLI, MADDUR TALUK MANDYA DISTRICT - 571 428. …RESPONDENTS THIS MFA IS FILED UNDER ORDER XLIII RULE 1(T) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 09.03.2026 PASSED IN MISC.NO.8/2022 BY I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MADDUR MANDYA AND ETC. 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 appellant is present. 2. Registry has raised objection regarding maintainability of the appeal on the ground that the valuation of the appeal is - 3 - HC-KAR CNR: KAHC010359492026 NC: 2026:KHC:43701 MFA No. 3868 of 2026 less than ₹10,00,000/- and therefore, the appeal is barred under Section 19(1) of the Karnataka Civil Courts Act, 1964. 3. The objection raised by Registry 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 appellant 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. 6. Registry shall return the certified copies to the learned counsel for appellant. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 7