IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.1579 OF 2019 (GM-CPC) AND WRIT PETITION NO.9211 OF 2019 BETWEEN:
SMT. G.S.LAKSHMINARASAMMA, W/O D.V.PURUSHOTHAM, AGED 56 YEARS, RESIDING AT NO. L 18, BEHIND LADIES HOSTEL, GNANABHARATHI CAMPUS, BANGALORE UNIVERSITY, BANGALORE – 560 056.
... PETITIONER (BY SRI.M.GANESH, ADVOCATE) AND:
1. SMT. JAYARATHNAMMA, W/O LATE SIDDAPPA, AGED 63 YEARS, 2. SMT.S.ROHINI, W/O H.R.SHIVAKUMAR, AGED 43 YEARS 3. SMT.S.MANJULA, W/O V.JAYANNA, AGED 39 YEARS, 4. SMT.S.NAGARATHNA, W/O A.S.MANJUNATH, AGED 37 YEARS, (RESPONDENT’S NO.1 TO 4 RESIDING AT YALLAPURA VILLAGE, KASABA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT) – 572 106.
5. ANNAPURNA, W/O LATE RUDRESH, AGED 52 YEARS, 6. RAVISH, S/O LATE RUDRESH, AGED 25 YEARS, 7. MAHESWARI, D/O LATE RUDRESH, AGED 27 YEARS (RESPONDENT NO.5 TO 7 RESIDING AT THIPPANAHALLI, ARAKERE POST, KASABA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT – 572 106).
8. R.A.VEENA, W/O KATHARAJU, AGED 32 YEARS, RESIDING AT VADDAGERE VILLAGE, KORATAGERE TALUK, TUMKUR DISTRICT – 572 129.
... RESPONDENTS (BY SRI.K.R.RAMESH, ADVOCATE FOR R5 & R6; NOTICE TO R1 TO 5, 7 & 8 DISPENSED VIDE ORDER DATED 12.07.2019) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED IN O.S.NO.859/2016 DATED 17.11.2018 BY LEARNED PRINCIPAL CIVIL JUDGE, TUMKUR, TUMKUR DISTRICT VIDE ANNEXURE – N AND ETC.,.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter, since the order of returning the plaint for presenting it to the jurisdictional court cannot be faultered, inasmuch as admittedly the value of the subject matter of the suit exceeds the pecuniary jurisdiction of the court, which has passed the impugned order.
However, the observations of the court below in the impugned order as to alleged insufficiency of the court fee is liable to be ignored since such an issue pertains to the domain of the court to which the plaint is going to be presented.
Writ petitions are disposed off, keeping open all contentions.
No costs.
PSG Sd/- JUDGE