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2026 DAILYLAW 7082 (KAR)

SRI GOVINDARAJU K H v. SRI H GIRIYANNA

RFA/1266/2025 · 2026-02-10

Sachin Shankar Magadum

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:8047 RFA No. 1266 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 1266 OF 2025 (DEC) BETWEEN: 1. SRI. GOVINDARAJU.K.H SON OF LATE HANUMANTHAIAH AGED ABOUT 74 YEARS RESIDING AT KANNOHALLI VILLAGE THYAMAGONDALU HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT PIN CODE- 562 132. …APPELLANT (BY SRI. P.M.SIDDAMALLAPPA, ADVOCATE) AND: 1. SRI. H. GIRIYANNA SON OF LATE HANUMANTHAIAH AGED ABOUT 69 YEARS RESIDING AT KANNOHALLI VILLAGE THYAMAGONDALU HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT PIN CODE- 562 132. 2. SRI. B.K.NARASIMHAIAH SON OF LATE KAPINEGOWDA AGED ABOUT 74 YEARS RETIRED SUB-INSPECTOR OF POLICE RESIDING AT NO.685, 13TH MAIN ROAD BASAVESHWARA NAGAR BANGALORE- 560 079. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8047 RFA No. 1266 of 2025 3. SMT. HANUMAKKA WIFE OF B.K.NARASIMHAIAH AGED ABOUT 69 YEARS RESIDING AT NO.685 13TH MAIN ROAD, BASAVESHWARA NAGAR BANGALORE-560 079. …RESPONDENTS THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 21.11.2024 PASSED ON IA NO. 13 IN OS NO.13/2011 ON THE FILE OF SENIOR CIVIL JUDGE, NELAMANGALA, ALLOWING THE IA NO. 13 FILED U/O VII RULE 11(a), (b) AND (d) R/W SEC. 151 OF CPC FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT Office has raised objection in regard to maintainability of appeal since the value of appeal does not exceed Rs.10,00,000/-. 2. Perusal of the valuation slip, the property is valued at Rs.50,000/- for the purpose of pecuniary jurisdiction. Therefore, appeal lies before the District Judge. - 3 - HC-KAR NC: 2026:KHC:8047 RFA No. 1266 of 2025 3. Upholding the office objection, the appeal is dismissed as not maintainable. Liberty is reserved to the appellant to approach the competent appellate Court. 4. Registry shall forthwith return certified copies of the judgment after securing photocopies. 5. Time spent before this Court shall be excluded in the event appeal is filed within two weeks from the date of receipt of a copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 36