- 1 - HC-KAR NC: 2026:KHC:6901 RFA No. 85 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 85 OF 2026 (PAR/POS) BETWEEN: 1. G. SURENDRA GUPTA S/O LATE GOVINDA SHETTY AGED ABOUT 73 YEARS 2. SMT. SHANTHALAKSHMI W/O SURENDRA GUPTA AGED ABOUT 68 YEARS BOTH ARE RESIDING AT DOOR NO.232, NEW NO. 16-16/1 MOHIDDIN SAB ROAD ITTIGEGUDU, NAZARBAD MOHALLA MYSORE-577 010. …APPELLANTS (BY SRI. HANUMANTHAPPA HARAVI, ADVOCATE) AND: 1. SMT. KAVITHA VINOD W/O LATE VINOD C D/O G. SURENDRA GUPTA AGED ABOUT 42 YEARS RESIDING AT DOOR NO. 190 GROUND FLOOR, 6TH CROSS MADEGOWDA CIRCLE 2ND STAGE, HEBBALA MYSORE-570 017. …RESPONDENT Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6901 RFA No. 85 of 2026 THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST FINAL DECREE DRAWN BY THE HONBLE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND CJM AT MYSORE IN O.S.NO. 1558/2022 DATED 08.07.2023 (SINGED ON 23.01.2024) VIDE ANNEXURE-C. 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 out of a partition suit. The suit properties for the purpose of pecuniary jurisdiction are valued at Rs.18,00,000/- while plaintiff's legitimate share is valued at Rs.9,00,000/-. It is the plaintiff's share which is the subject matter of the partition suit. Therefore, appeal would lie before the District Court. Hence, Office objection is upheld. 2. Accordingly, appeal is dismissed as not maintainable. However, liberty is reserved to appellant to prefer an appeal before the District Court. - 3 - HC-KAR NC: 2026:KHC:6901 RFA No. 85 of 2026 3. Registry is directed to return certified copies after securing photocopies of the same. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 47