- 1 - HC-KAR NC: 2026:KHC:4051 RFA No. 86 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO.86 OF 2025 (PAR) BETWEEN: 1. 2. 3. ANITHA K.S W/O LATE K SHESHAPPA POOJARY AGED ABOUT 52 YEARS AMOOLYA K.S D/O LATE SHESHAPPA POOJARY AGED ABOUT 29 YEARS SHRUDDA D/O LATE SHESHAPPA POOJARY AGED ABOUT 23 YEARS ALL OF THE ABOVE RESIDING AT KUNHAMOOLE HOUSE AIVERNADU VILLAGE AND POST SULLIA TALUK D.K. DISTRICT - 574239 …APPELLANTS (BY SRI. NAGESHA B S, ADVOCATE) AND: 1. K.RAVINDRA S/O LATE KRISHNAPPA POOJARY AGED ABOUT 56 YEARS R/AT KUNHAMOOLE HOUSE Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4051 RFA No. 86 of 2025 AIVARNADU VILLAGE AND POST SULLIA TALUK D.K.DISTRICT - 574239 NOW TEMPORARILY RESIDING AT SARASWATHI NILAYA K.H.B VIDYANAGAR MADIKERI TOWN MADIKERI TALUK KODAGU DISTRICT - 571201 2. K.KESHAVA POOJARY S/O LATE KRISHNAPPA POOJARY AGED ABOUT 58 YEARS R/AT DUGGALADKA HOUSE SULLIA KASABA VILLAGE AND POST SULLIA TALU D.K.DISTRICT - 574239 3. K.RAMESH S/O LATE KRISHNAPPA POOJARY AGED ABOUT 52 YEARS R/A LAKSHMI ARCADE DEEPA COMPLEX NEKKILADY VILLAGE AND POST PUTTUR TALUK D.K. DISTRICT - 574325 4. K.MOHAN CHANDRA S/O LATE KRISHNAPPA POOJARY AGED ABOUT 45 YARS R/AT ASUTHU NIVAS NEAR AMBIKA P.U.COLLEGE NELLIKATTE PUTTUR TALUK D.K. DISTRICT 574201 - 3 - HC-KAR NC: 2026:KHC:4051 RFA No. 86 of 2025 5. K.LALITHA W/O KRISHNAPPA POOJARY D/O LATE KRISHNAPPA POOJARY AGED ABOUT 67 YEARS R/AT AIVARNADU HOUSE AIVARNADU VILLAGE AND POST SULLIA TALUK D.K.DISTRICT - 574239 6. B.C.KUSUMA D/O LATE KRISHNAPPA POOJARY W/O B.K. CHENNAPPA AGED ABOUT 60 YEARS R/AT AMMATHI VILLAGE AND POST VIRAJPET TALUK KODAGU DISTRICT 571218 7. K.SUNITAH D/O LATE KRISHNAPPA POOJARY W/O JANARDHANA AGED ABOUT 93 YEARS R/AT URIMAJALU HOUSE IDKIDU VILLAGE AND POST BANTWALA TALUK D.K.DISTRICT - 574211 8. K.LINGAMMA @ SARASWATHI W/O LATE KRISHNAPPA POOJARY AGED ABOUT 83 YEARS R/AT KUNHAMOOLE HOUSE AIVARNADU VILLAGE AND POST SULLIA TALUK D.K.DISTRICT - 574239 …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.08.2024 PASSED IN - 4 - HC-KAR NC: 2026:KHC:4051 RFA No. 86 of 2025 OS.NO.16/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SULLIA, DECREEING THE SUIT FOR PARTITION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT The plaintiff’s 1/9th share in the suit schedule properties, for the purpose of determining the pecuniary jurisdiction, is valued at Rs.7,38,889/-. In view of such valuation and having regard to the mandate of Section 19(1) of the Karnataka Civil Courts Act, the competent appellate forum is the District Court. 2. In that view of the matter, the office objection relating to maintainability is well-founded and deserves to be upheld. 3. Accordingly, the present appeal is dismissed as not maintainable, reserving liberty to the appellant to approach the appropriate appellate forum in accordance with law. The Registry is directed to forthwith return the certified copies to the appellant after retaining photocopies thereof for record. - 5 - HC-KAR NC: 2026:KHC:4051 RFA No. 86 of 2025 It is further made clear that, if the appeal is presented before the competent Court within a period of four weeks from the date of receipt of a certified copy of this order, the appellant shall be entitled to the benefit of Section 14 of the Limitation Act, 1963 and the time spent in prosecuting the appeal before this Court shall stand excluded for the purpose of limitation. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 26