- 1 - HC-KAR NC: 2026:KHC:4408 RFA No. 877 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 877 OF 2025 (PAR) BETWEEN: 1. SRI. G. ASHWATHNARAYAN AGED ABOUT 53 YEARS S/O LATE G. GOVINDAPPA RESIDENT OF CHIKKANAKOTE VILLAGE BANDAKUNTE POST, SIRA TALUK TUMKUR DISTRICT-572137. (THE APPELLANT IS THE LEGAL HEIR/REPRESENTATIVE OF LATE G.GOVINDAPPA WHO WAS ARRAYED AS DEFENDANT NO.17. IN O.S.NO.959/2021. THE SAID SUIT IS FILED AGAINST DEAD PERSON) …APPELLANT (BY SRI. MANJUNATHA .H.R, ADVOCATE) AND: 1. SMT. CHINNAMMA W/O RAMACHANDRA AGED ABOUT 69 YEARS R/O NO.1, 9TH CROSS, MARFI TOWN ULSURU, BANGALORE-560 008. 2. SMT. MUNIRATHNAMMA W/O NARAYANA AGED ABOUT 67 YEARS R/AT OLD BAYAPANAHALLI Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4408 RFA No. 877 of 2025 NEAR YELLAMMA TEMPLE BAYAPANAHALLI BANGALORE-560 038. 3. SRI. G.M. UMASHANKAR S/O LATE G.K. MUNISWAMY AGED ABOUT 42 YEARS 4. SMT. G.M. SHWETHA W/O SURESH D/O LATE G.K. MUNISWAMY AGED ABOUT 36 YEARS 5. SRI. V. MUNIYAPPA S/O LATE VENKATASWAMY AGED ABOUT 57 YEARS 6. SRI. V. NARAYANA S/O LATE VENKATASWAMY AGED ABOUT 55 YEARS 7. SRI. V. SOMASHEKAR S/O LATE VENKATASWAMY AGED ABOUT 44 YEARS 8. SRI. V. RAMAKRISHNA S/O LATE VENKATASWAMY AGED ABOUT 39 YEARS R3 TO R8 ARE R/AT GATTAHALLI VILLAGE, HUSKUR POST SARJAPURA HOBLI ANEKAL TALUK-560 099. 9. SRI. D. SUJATHA D/O LATE K. DODDA RAMAIAH W/O NARAYANAPPA AGED ABOUT 60 YEARS 10. SRI. D. KIRAN KUMAR S/O LATE K. DODDA RAMAIAH - 3 - HC-KAR NC: 2026:KHC:4408 RFA No. 877 of 2025 AGED ABOUT 58 YEARS 11. SRI. D. CHANDRASHEKAR S/O LATE K. DODDA RAMAIAH AGED ABOUT 53 YEARS R9 TO R11 ARE R/AT VARTHUR VILLAGE OPP. GOVERNMENT HOSPITAL VARTHUR POST, BANGALORE EAST TALUK BANGALORE-560087. 12. SRI. H. RAJAPPA S/O LATE PUTTAMMA AGED ABOUT 64 YEARS 13. SRI. V. PILLAIAH S/O LATE PUTTAMMA AGED ABOUT 58 YEARS R12 AND R13 ARE R/AT VARTHUR VILLAGE BEHIND GOVERNMENT JUNIOR COLLEGE VARTHUR POST, VARTHUR BANGALORE EAST TALUK BANGALORE-560087. 14. SMT. MEENA W/O LATE M. MAHADEVA AGED ABOUT 53 YEARS 15. SMT. RENUKA D/O LATE M.M. MAHADEVA AGED ABOUT 40 YEARS R14 AND R15 ARE R/AT VARTHUR VILLAGE HALASAHALLI ROAD, BEHIND BHARATH GAS VARTHUR POST, BANGALORE EAST TALUK BANGALORE-560 087. R14 AND R15 WERE BROUGHT ON RECORD AS LRS OF DECEASED M. MAHADEVA S/O LATE PAPAMMA - 4 - HC-KAR NC: 2026:KHC:4408 RFA No. 877 of 2025 WHO WAS THE ORIGINAL DEFENDANT NO.13 BEFORE TRIAL COURT. 16. SRI M. NAGARAJA S/O LATE PAPAMMA AGED ABOUT 48 YEARS R/AT VARTHUR VILLAGE HALASAHALLI ROAD BEHIND BHARATH GAS VARTHUR POST BANGALORE EAST TALUK BANGALORE-560087. 17. SRI. K. CHINNAPPA S/O LATE KRISHNAPPA AGED ABOUT 60 YEARS 18. SRI. K. MUNIRAJAPPA S/O LATE KRISHNAPPA AGED ABOUT 62 YEARS R17 AND R18 ARE RESIDING AT GATTAHALLI VILLAGE HUSKUR POST SARJAPURA HOBLI ANEKAL TALUK-560 099. 19. SMT. SHOBHA W/O SRINIVAS AGED ABOUT 49 YEARS R/AT 254/1, 3RD CROSS NEAR SHANIMAHATHAMA TEMPLE VALEPURA DINNE, VARTHUR BANGALORE-560087. 20. SMT. LAKSHMI W/O K. MUNIRAJU AGED ABOUT 59 YEARS R/AT NO.353, 3RD CROSS VALEPURA VILLAGE VARTHUR HOBLI - 5 - HC-KAR NC: 2026:KHC:4408 RFA No. 877 of 2025 BANGALORE EAST TALUK BANGALORE-562114. 21. SMT. RATHNAMMA W/O LATE CHINNAPPA AGED ABOUT 60 YEARS 22. SRI. LAKSHMANA S/O CHINNAPPA AGED ABOUT 39 YEARS R21 AND R22 ARE R/AT GHATTAHALLI VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BANGALORE DISTRICT. REP BY THEIR GPA HOLDER SRI. K. MUNIRAJAPPA S/O LATE KRISHNAPPA AGED ABOUT 60 YEARS R/AT 254/1, 3RD CROSS NEAR SHANIMAHATHMA TEMPLE VALEPURA DINNE, VARTHUR BANGALORE-560087. AND SRI. SRINIVAS .M S/O LATE MUNIYAPPA AGED ABOUT 53 YEARS R/AT MADHURANAGARA MAIN ROAD NEAR SHAKTHI EDUCATION TRUST CHIKKANEKKUNDI LAYOUT SARJAPURA HOBLI, ANEKAL TALUK BANGALORE DISTRICT-560087. …RESPONDENTS THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.04.2024 PASSED IN OS NO.959/2021 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC, ANEKAL., DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. - 6 - HC-KAR NC: 2026:KHC:4408 RFA No. 877 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT This appeal arises from a decree passed in a suit for partition. The suit schedule properties are valued at Rs.25,00,000/- for the purpose of pecuniary jurisdiction. The plaintiff’s claimed share being 1/9th, the value of the subject matter of the appeal works out to less than Rs.10,00,000/-. Consequently, this Court lacks pecuniary jurisdiction to entertain the present appeal and the same is held to be not maintainable. 2. The office objection regarding maintainability is accordingly upheld and the appeal stands dismissed as not maintainable, reserving liberty to the appellant to present the appeal before the competent District Court. 3. The Registry is directed to forthwith return all certified copies to the appellant after retaining photocopies of the same for record purposes. - 7 - HC-KAR NC: 2026:KHC:4408 RFA No. 877 of 2025 4. In the event the appellant institutes an appeal before the District Court within a period of three weeks from the date of receipt of a copy of this order, the time spent in prosecuting the present appeal before this Court shall stand excluded by extending the benefit of Section 14 of the Limitation Act, 1963. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 43