Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 53793 (KAR)

KARABASAYYA S/O. GAVISIDDAYYA HIREMATH v. MARULASIDDAYYA S/O. KARABASAYYAHIREMATH

RFA/100568/2025 · 2026-01-08

K Manmadha Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:155 RFA No. 100568 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 100568 OF 2025 (DEC/INJ) BETWEEN: KARABASAYYA S/O. GAVISIDDAYYA HIREMATH AGE. 43 YEARS, OCC. AGRICULTURE, R/O BHAGYANAGAR-583231, TQ./DIST. KOPPAL. …APPELLANT (BY SRI. CHANNABASAVARAJ S. SHETTAR, ADVOCATE) AND: 1. MARULASIDDAYYA S/O. KARABASAYYA HIREMATH AGE. 59 YEARS, OCC. AGRICULTURE, R/O. NEAR MALIYAMMA TEMPLE, BEHIND SG COLLEGE, KOPPAL-583231, TQ./DIST. KOPPAL. 2. V. UDAYARAJ S/O. VSR LAXMAN AGE. 49 YEARS, OCC. AGRICULTURE, R/O. SHIRAGUPPA-583121, TQ. SHIRAGUPPA, DIST. BELLARY. 3. KATOORI SIRINIVAS S/O. K NAGABHUSHAN AGE. 47 YEARS, OCC. AGRICULTURE, R/O. BHAGYANAGAR-583231, TQ./DIST. KOPPAL. 4. SURESH TATTI S/O. T DEVENDRAPPA AGE. 42 YEARS, OCC. AGRICULTURE, R/O. BHAGYANAGAR-583231. TQ./DIST. KOPPAL. 5. RADHA S TATTI W/O. SURESH TATTI AGE. 39 YEARS, OCC. HOMEMAKER, R/O. BHAGYANAGAR-583231, TQ./DIST. KOPPAL. …RESPONDENTS MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2026.01.09 10:14:47 +0530 - 2 - HC-KAR NC: 2026:KHC-D:155 RFA No. 100568 of 2025 THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO ADMIT THE APPEAL AND CALL FOR THE RECORDS AND ALLOW THE APPEAL SETTING ASIDE THE JUDGMENT AND DECREE IN OS NO.54/2016 DATED 18.08.2025 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND CJM KOPPAL & ETC. THIS RFA COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT 1. Heard the learned counsel for the appellant. 2. Learned counsel for the appellant submits that there is an office objection with regard to the maintainability of the appeal, as the value of the appeal is ₹10,00,000/-. He further submits that, as per Section 19 of the Karnataka Civil Courts Act, appeals up to the value of ₹10,00,000/- fall within the jurisdiction of the District Court, and appeals exceeding ₹10,00,000/- fall within the jurisdiction of the High Court. 3. In view of the submission and in accordance with the law, it is found that the value of the present appeal is ₹10,00,000/-. Hence, the appeal ought to have been filed before the District Court. 4. In view of the above, the appeal is disposed of, reserving liberty to the appellant to file a fresh appeal before the appropriate Court. It is made clear that the time spent in - 3 - HC-KAR NC: 2026:KHC-D:155 RFA No. 100568 of 2025 prosecuting the present appeal shall be excluded for the purpose of limitation. Sd/- (DR.K.MANMADHA RAO) JUDGE KGK, CT:VP LIST NO.: 1 SL NO.: 10