MAHANTAYYA (MANTAYYA) Vs. CHANNAVVA W/O GADIGAYYA HIREMATH

JUDGEMENT

(1.) This appeal is taken up for hearing on IA for condonation of delay.

(2.) Learned counsel Sri. Ashok T Kattimani, appearing for the respondent pointed out that the appeal has to be transferred to the Court of District Judge, Dharwad, having regard to the value of the subject matter, which according to him is below Rs.10 lakhs. It was contended that this was a partition suit and the subject matter for the purpose of the determining the pecuniary jurisdiction is subject to, in terms of the value declared by the plaintiff before the Trial Court. The plaintiff has claimed only 1/6th share out of suit property valuation of Rs.32 Lakhs i.e. Rs.5,33,334/-.

(3.) Learned counsel Sri.G.N. Narasammanavar, appearing for the appellants/defendants would contend that in a suit, subject matter of the suit will be entire joint family properties, from which the plaintiff/respondent seeks partition. This appeal is preferred by the defendants against the judgment and decree for partition and separate possession passed by the Court of Senior Civil Judge, Kundagol in OS No.267/2014, whereby the suit filed by the plaintiff has been decreed holding that the plaintiff is entitled to 1/6th share in the suit properties. Suit was valued under Section 35(1) of the Karnataka Court Fees and Suit Valuation Act, 1958 at Rs.5,33,334/- to the extent of 1/6th share shall be out of Rs.32,00,000/- valuation of the suit properties and the same Court fee of Rs.200/- was paid by the plaintiff.