- 1 - HC-KAR NC: 2026:KHC:3105 RFA No. 564 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 564 OF 2025 BETWEEN: 1. SMT. VENKATALAKSHMAMMA D/O LATE. MUNIYAPPA AGED 52 YEARS 2. 3. 4. SRI. VENKATESHA S/O LATE. MUNIYAPPA DEAD SRI. LAKSHMAIAH S/O LATE MUNIYAPPA SMT. NAGAMMA D/O. LATE. MUNIYAPPA AGED 55 YEARS 5. SRI. NARAYANASWAMY S/O LATE. MUNIYAPPA AGED 58 YEARS 6. SMT. CHAMUNDI D/O LATE. MUNIYAPPA AGED 49 YEARS 7. VENKATESH S/O MUNIYAPPA AGED 26 YEARS 8. NAGARAJA S/O MUNIYAPPA AGED 32 YEARS Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3105 RFA No. 564 of 2025 ALL ARE R/AT.NO.149 MADHURANAGARA, 3RD STAGE MUTSANDRA MAIN ROAD SORAHUNASE EXTENSION VARTHUR, BENGALURU, …APPELLANTS (BY SRI. SYED NASEERUDDIN, ADVOCATE) AND: 1. SRI. VENKATASWAMY S/O. LATE VENKATAMARAPPA AGED ABOUT 74 YEARS R/AT.NO.288, JANATA COLONY BATTARAHALLI K.R.PURAM HOBLI BANGALORE-560 049. 2. SMT. MUNIYAMMA W/O. VENKATASWAMY AGED ABOUT 58 YEARS 3. SMT. DHANAMMA D/O. VENKATASWAMY AGED ABOUT 32 YEARS 4. SUBBAMMA D/O. VENKATASWAMY AGED ABOUT 30 YEARS NO.2 TO 4 ARE R/AT. NO.52 LAKSHMANA - MURTHY NAGAR R.M.NAGAR, BANGALORE EAST BANGALORE-560 016. 5. SMT. ANNAMMA W/O. VENKATASWAMY AGED ABOUT 55 YEARS - 3 - HC-KAR NC: 2026:KHC:3105 RFA No. 564 of 2025 6. SMT. MARAKKA D/O. VENKATASWAMY AGED ABOUT 36 YEARS 7. SMT. VENKATAMMA D/O.VENKATASWAMY AGED ABOUT 34 YEARS 8. SRI. LAKSHMAIAH S/O. VENKATASWAMY AGED ABOUT 32 YEARS 9. SMT. GOWRAMMA D/O. VENKATASWAMY AGED ABOUT 30 YEARS 10. SRI. VENKATESH S/O. VENKATASWAMY AGED ABOUT 28 YEARS NO.5 TO 10 ARE R/AT. NO.288, JANATA COLONY BATTARAHALLI K.R.PURAM, BANGALORE-560 049. 11. SMT. LAKSHMAMMA W/O. LATE PILLAPPA AGED ABOUT 75 YEARS 12. SRI. M.P.VENKATESH S/O. LATE PILLAPPA AGED ABOUT 50 YEARS NO.11 AND 12 ARE R/AT MEDAHALLI VILLAGE, DEVANAGONDI POST ANUGONDANAHALLI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT. …RESPONDENTS THIS RFA FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.03.2021 PASSED IN OS - 4 - HC-KAR NC: 2026:KHC:3105 RFA No. 564 of 2025 NO.1121/2011 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU (R) DISTRICT, BENGALURU., DISMISSING THE SUIT FOR DECLARATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT Though the plaint is valued at Rs.64,00,000/- for the purpose of pecuniary jurisdiction, the plaintiffs' 1/8th share is valued at Rs.8,00,000/- which is less than Rs.10,00,000/-. Therefore, an appeal lies before the District Court. 2. Accordingly, the office objection is upheld and the appeal is dismissed as not maintainable. 3. Registry to forthwith return the certified copies of the judgment after securing photocopies. 4. In the event an appeal is filed within four weeks from the date of receipt of certified copy of this order, - 5 - HC-KAR NC: 2026:KHC:3105 RFA No. 564 of 2025 appellants are entitled for exclusion of time spent before this Court by extending the benefit under Section 14 of the Limitation Act. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 49