RFA 30 13/2011 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 1 1TFI DAY OF AUGUST 2011 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL R.F.A.No.3013/ 2011 BETWEEN: 1. Yallappa, S/o Ishwarappa Hadapad (Sandimani), Age: 59 years, 0cc: Agriculture, R/o Baradwad, Kundgol Taluka, Dist: Dharwad. 2. Virupakshappa, S/o Ishwarappa Hadapad (Sandimani), Age: 49 years, 0cc: Agriculture, R/o Baradwad, Kundgol Taluka, Dist: Dharwad. 3. Smt. Savakka, D/o Ishwarappa Hadapad (Sandimani), Age: 35 years, 0cc: Agriculture, R/o Baradwad, Kundgol Taluka, Dist: Dharwad. ..APPELLANTS (By Sri T.M.Nadaf, Adv. for Sri Chandramohan M.Kale, Adv.) RFA 3013/2011 2 AND: 1. Smt. Channavva, W/o Devendrappa Hadapad, Age: 57 years, 0cc: Agriculture, R/o Pashupatihal, Kundgol Taluka, Dist: Dharwad. 2. Smt. Shantavva, W/o Ningappa Hadapad, Age: 48 years, 0cc: Agriculture, R/o Neeralagi, Shiggoan Taluka, Dist: Haven. 3. Dyamanna, S/o Kallappa Hadapad, Age: 55 years, 0cc: Agriculture, R/o Koliwad, Hubli Taluka, Dist: Dharwad. 4. Mallappa, S/o Dyamanna Hadapad, Age: 21 years, 0cc: Agriculture, R/o Koliwad, Hubli Taluka, Dist: Dharwad. 5. Manjavva, D/o Dyamanna Hadapad, Age: 16 years, 0cc: Student, R/o Koliwad, Hubli Taluka, Dist: Dharwad. Represented by M/G. Father Resp. No.3 RFA 3013/2011 3 6. Shivappa, S/o Dyamanna Hadapad, Age: 14 years, 0cc: Student, R/o Koliwad, Hubli Taluka, Dist: Dharwad. Represented by M/G. Father Resp. No.3. 7. Nagappa, S/o Ishwarappa Hadapad (Sandimani), Age: 62 years, 0cc: Agriculture, R/o Baradwad, Kundgol Taluka, Dist: Dharwad. 8. Govindareddy, S/c Basavareddy Hombal, Age: 55 years, 0cc: Agriculture, R/o Madalli, Shirahatti Taluka, Dist: Gadag. .RESPONDENTS This Regular First Appeal is filed under Section 96 read with Order XLI Rule 1 of CPC against the judgment and decree dated 2 1.09.2010 passed in O.S.No.67/2006 on the file of the Pri. Civil Judge (Sr.Dn.) Court, Hubli, decreeing the suit filed for partition and separate possession. This writ petition is coming on for Orders, this day the Court delivered the following:— JUDGMENT 1. Learned Counsel Mr. T.M.Nadaf representing Mr. Chandramohan M.Kale, Counsel for the appellants submits RFA 3013/2011 4 that the papers of the appeal may be returned permitting the appellants to re-present the same before the District Judge, Rubli, as the value of the subject matter involved in this appeal is less than Rs,10 lakhs and the appeal lies to the District Court. 2. In fact, the matter is listed on the office objection raised in this regard. Upon hearing the learned Counsel for the appellants, office is directed to return the papers of the appeal, so as to enable them to present the same before the District Court, Hubli. Appellants are given two weeks time to re present the papers. Accordingly, the appeal stands disposed of. Sd/ JUDGE KK