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Judgment
Office has raised an objection regarding maintainability of the appeal.
Learned counsel for appellants submits that appeal is maintainable before this court, having regard to the valuation slip filed by the appellants - plaintiffs before the trial court, wherein market value has been assessed at Rs.10,00,000/- for the purpose of jurisdiction. Under Section 19 of the Karnataka Civil Courts Act, 1964 (hereinafter, referred to as the "Act"), an appeal would lie before the High Court if the value of the subject matter of the original suit or proceeding exceeds Rs.10,00,000/-, if it
does not exceed Rs.10,00,000/-, it should lie to the District Court as per Section 19 of the said Act.
In the circumstances, office objection is sustained. The appeal is dismissed as not maintainable, reserving liberty to the appellants to file an appeal before the District Court, if so advised.
Office to return certified copies of the judgment and decree and other documents appended to the memorandum of appeal to appellants'' counsel forthwith, subject to filing of copies of the same for the purpose of record.
In the event, an appeal is filed before the appropriate court and there being delay in filing of the said appeal, the fact that the appeal was filed in time before this court and has been pending since that date may be taken note of while considering the application for condonation of delay.