- 1 - HC-KAR NC: 2026:KHC:6743 RFA No. 2036 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 2036 OF 2025 (DEC/INJ) BETWEEN: 1. SRI. SHIVAGANGAIAH S/O KEMPAIAH AGED ABOUT 52 YEARS RESIDING AT TOGARIGHATTA MAJARE VILLAGE, HOSAHATTI KADABA HOBLI, GUBBI TALUK TUMKUR DISTRICT-572216. …APPELLANT (BY SMT. BHANU .H.M, ADVOCATE) AND: 1. SMT. BHAGYAMMA W/O LATE CHIKKAVEERAIAH AGED ABOUT 50 YEARS RESIDING AT TOGARIGHATTA MAJARE VILLAGE HOSAHATTI, KADABA HOBLI GUBBI TALUK TUMKUR DISTRICT-572116. 2. SMT. KAVITHA D/O LATE CHIKKAVEERAIAH W/O GANGARAJU AGED ABOUT 33 YEARS RESIDING AT BILIGIRI, GOLLARAHATI KASABA HOBLI, GUBBI TALUK TUMKUR DISTRICT-572118. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6743 RFA No. 2036 of 2025 3. SMT. RADHAMANI D/O LATE CHIKKAVEERAIAH W/O MAHALINGAIAH AGED ABOUT 30 YEARS RESIDING AT TOGARIGHATTA MAJARE VILLAGE, HOSAHATTI KADABA HOBLI, GUBBI TALUK TUMKUR DISTRICT-572116. 4. SMT. LALITHAMMA W/O LATE VEERABHADRAIAH AGED ABOUT 48 YEARS RESIDING AT TOGARIGHATTA MAJARE VILLAGE, HOSAHATTI KADABA HOBLI, GUBBI TALUK TUMKUR DISTRICT-572116. 5. SMT. VISHALAMMA D/O LATE VEERABHADRAIAH AGED ABOUT 30 YEARS RESIDING AT TOGARIGHATTA MAJARE VILLAGE, HOSAHATTI KADABA HOBLI, GUBBI TALUK TUMKUR DISTRICT-572116. 6. SRI. SHASHI S/O LATE VEERABHADRAIAH AGED ABOUT 28 YEARS RESIDING AT KAKKENAHALLI GOLLARAHATTI, KASABA HOBLI GUBBI TALUK. TUMKUR DISTRICT-572118. 7. SRI. HEMANTH KUMAR S/O LATE VEERABHADRAIAH AGED ABOUT 26 YEARS RESIDING AT TOGARIGHATTA MAJARE VILLAGE, HOSAHATTI KADABA HOBLI, GUBBI TALUK TUMKUR DISTRICT-572116. - 3 - HC-KAR NC: 2026:KHC:6743 RFA No. 2036 of 2025 8. SMT. LALITHAMMA W/O LATE SHIVANNA AGED ABOUT 46 YEARS RESIDING AT TOGARIGHATTA MAJARE VILLAGE, HOSAHATTI KADABA HOBLI, GUBBI TALUK TUMKUR DISTRICT-572116. 9. SRI. KUMAR. H. C. S/O LATE CHIKKIRAIAH AGED ABOUT 36 YEARS RESIDING AT TOGARIGHATTA MAJARE VILLAGE, HOSAHATTI KADABA HOBLI, GUBBI TALUK TUMKUR DISTRICT-572116. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.04.2025 PASSED IN OS.NO.97/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUBBI, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION. 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 suit is valued at Rs.9,00,000/- for the purpose of jurisdiction. Therefore, office has rightly raised objection that appeal would not lie before this Court under Section 19(1) of Civil Court Act. - 4 - HC-KAR NC: 2026:KHC:6743 RFA No. 2036 of 2025 2. Since valuation of suit for the purpose of jurisdiction is less than Rs.10,00,000/-, appeal is held to be not maintainable. 3. Accordingly, the appeal is dismissed. Liberty is reserved to the appellant to avail remedy before the District Court. 4. In the event appeal is filed within a period of two weeks from the date of receipt of a copy of this order, the appellate Court shall extend the benefit under Section 14 of Limitation Act, 1963 and exclude the time spent before this Court. 5. Registry to forthwith return all certified copies after securing photocopies. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 41