M/S PRAJWAL EDUCATION TRUST, SHANIVARASANTHE, SOMWARTPET v. SRI MC KANTHARAJ
Case at a glance
- Bench
- SENIOR CIVIL
- Neutral citation
- 2024:KHC:47070
Provisions considered
Key paragraphs
- Para 55. Office to return the appeal memo to the learned counsel for the appellant after keeping the photo copy of the appeal memo. Accordingly, for statistical purposes, the appeal disposed off. Sd/- (K.NATARAJAN) JUDGE PNV List No.: 1 Sl No.: 23
Judgment
REGULAR FIRST APPEAL NO. 2509 OF 2024 BETWEEN:
1. M/S PRAJWAL EDUCATION TRUST, SHANIVARASANTHE, SOMWARTPET TALUK, KODAGU DISTRICT-571 235. REPRESENTED BY ITS SECRETARY SRI. G M HOOVAIAH.
2. SRI. G M HOOVAIAH, AGED ABOUT 59 YEARS, S/O LATE MALLAPPA, R/AT GOWDALLI VILLAGE AND POST, SOMWARPET TALUK, KODAGU DISTRICT-571 236. Location: HIGH COURT OF KARNATAKA
3. SRI. H N DEVARAJ, AGED ABOUT 59 YEARS, 2ND BLOK, MAIN ROAD, SHANIVARASANTHE TOWN, SOMWARPET TALUK, KODAGU DISTRICT-571 236.
4. SRI. KANARAM @ HARISH, AGED ABOUT 47 YEARS, S/O LABU RAMAJI, HARI JEWELLERS AND BANKERS, RATHA BEEDHI, KUSHALNAGAR TOWN, SOMWARPET TALUK, KODAGU DISTRICT-571 234.
5. SRI. H P GUNDAPPA, AGED ABOUT 59 YEARS, S/O LATE PUTTEGOWDA, COWCODY VILLAGE, - 2 - NC: 2024:KHC:47070 RFA No. 2509 of 2024 HOSUR POST, SAKALESHPURA TALUK, HASSAN DISTRICT-573 137.
6. SRI. G V THIMMAPPA, AGED ABOUT 65 YEARS, S/O SRI. VENKATAPPA, R/AT GOWDALLI VILLAGE AND POST, SOMWARPET TALUK, KODAGU DISTRICT-571 236.
7. SRI. B DHARMENDRA, AGED ABOUT 52 YEARS, S/O SRI. B GNANESHWAR, R.AT VISHWESHWARAIAH ROAD, VIDHYANAGAR, HASSAN-573 202. (BY SRI. PUNDIKAI ISHWARA BHAT.,ADVOCATE) APPELLANTS AND:
SRI MC KANTHARAJ, AGED ABOUT 52 YEARS, S/O LATE M V CHENNAPPA, RESIDING AT BIDAROOR VILLAGE,
SMT. K S SOWMYA, AGED ABOUT 41 YEARS, W/O M C KANTHARAJ, BOTH ARE RESIDING AT BIDAROOR VILLAGE, SHANIVARASANTHE HOBLI, SOMWARPET TALUK, KODAGU DISTRICT-571 235. RESPONDENTS THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.03.2024 PASSED IN OS NO.01/2017 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SOMWARPET., DECREEING THE SUIT FOR DECLARATION AND FOR RECOVERY OF POSSESSION AND ETC,. - 3 - NC: 2024:KHC:47070 RFA No. 2509 of 2024 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Office has raised objections regarding maintainability of the appeal, as the subject matter do not exceed `10,00,000/-.
2. As per Section 19(1) of the Karnataka Civil Courts Act, 1964 (for short 'the Act), any decree or order passed by a Senior Civil Judge in original suits, and the value of the subject matter does not exceed `10,00,000/-, the jurisdiction lies before the District Court.
Learned counsel for the appellants submits that as per Section 19(1) of the Act, this appeal lies before the District Court as the subject matter is upto Rs.10,00,000/- and the subject matter exceeding Rs.10,00,000/- and up Rs.15,00,000/-, the Single Bench has jurisdiction.
Hence, learned counsel for the appellants permitted to take back the appeal memo and present the same before appropriate District Court. - 4 - NC: 2024:KHC:47070 RFA No. 2509 of 2024
Office to return the appeal memo to the learned counsel for the appellant after keeping the photo copy of the appeal memo. Accordingly, for statistical purposes, the appeal disposed off. Sd/- (K.NATARAJAN) JUDGE PNV List No.: 1 Sl No.: 23
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.