IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2017 BEFORE THE HON’BLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.3180/2014 (GM-CPC) BETWEEN:
1. SMT. GEETHA PRABHU W/O G.VARADARAYA PRABHU AGED ABOUT 49 YEARS 2. KUM. MANJUSHRI PRABHU D/O G.VARADARAYA PRABHU AGED ABOUT 28 YEARS BOTH ARE R/AT “MANJUSHA” 2-18-1580/2, 4TH CROSS DR.CASMIR MATHIAS ROAD KAPIKAD, BEJAI MANGALORE – 575 004 ... PETITIONERS (BY SRI R.ANIL KUMAR FOR M/S. KESVY & CO., ADVOCATES) AND:
1. KUMBLA RAMDAS RANGAPPA NAYAK MEMORIAL TRUST A REGISTERED TRUST REPRESENTED BY ITS TRUSTEE CUM PRESIDENT RAMAKRISHNA NAYAK K., S/O K.DEVADAS NAYAK AGED ABOUT 73 YEARS R/AT 13-10-1377/1, G1 ANMOL RESIDENCY BEHIND CANARA HIGH SCHOOL MAIN KODIABAIL, MANGALORE – 575 003 2. K.GOPALKRISHNA NAYAK S/O K.MADHAVANAYAK AGED 64 YEARS TRUSTEE, KUMBLA RAMDAS RANGAPPA NAYAKA MEMORIAL TRUST, R/AT GOWRI SHANKAR SULTAN BATTERY ROAD URWA MARKET, MANGALORE – 575 006 3. M.GOPINATHNAYAK S/O RAGHUVEER NAYAK AGED 65 YEARS TRUSTEE, KUMBLA RAMDAS RANGAPPA NAYAK MEMORIAL TRUST, R/AT JYOTHI CYCLE MISSION STREET MANGALORE – 575 001 4. K.SHANKAR NAYAK S/O K.MADHAVA NAYAK AGED 75 YEARS TRUSTEE, KUMBLA RAMDAS RANGAPPA NAYAK MEMORIAL TRUST R/AT 5-71/5, BOLPUGUDDE KAVOOR POST MANGALORE – 575 015 ... RESPONDENTS (BY SRI M.SUDAKAR PAI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21.12.2013 PASSED BY THE 1ST ADDL. CIVIL JUDGE & JMFC AT MANGALORE, D.K., IN O.S.NO.126/2007 ON ADDL. ISSUE NO.6, DIRECTING THE PETITIONERS TO VALUE THE COUNTER CLAIM UNDER SECTION 24(b) OF THE KARNATAKA COURT-FEES & SUITS VALUATION ACT VIDE ANNEXURE-A THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R H.G.RAMESH, J. (Oral):
1. This writ petition is by the defendants and is directed against an interlocutory order dated 21.12.2013 passed in the suit in O.S.No.126/2007 whereby the trial court has directed the petitioners to value the counter claim under Section 24(b) of the Karnataka Court-Fees and Suits Valuation Act, 1958 (‘the Act’).
2. I have heard learned counsel appearing for the parties and perused the impugned order. The contention urged by the learned counsel for the petitioners is that the direction of the trial court to value the counter claim under Section 24(b) of the Act is not correct.
3. In the context of the contention raised, it is relevant to refer to the following prayer made in the written statement-cum-counter claim filed by the petitioners:
“12. The first defendant therefore prays that this court may, by way of counter claim, declare that the first defendant has been the lawful owner of the plaint schedule property by virtue of the last will and testament dtd.19-5-93 of late Ramadas Nayak and his wife Smt.Susheela Nayak, and consequently grant permanent prohibitory injunction restraining the plaintiff from asserting any right in the plaint schedule property. [This relief is valued at Rs.1000/- and court fee of Rs.25/- is paid thereon under sec.24(d) of KCF & SV Act, 1958.]”
4. The prayer made in the counter claim which is extracted above falls within the ambit of Section 24(b) of the Act, and hence, the direction given by the trial court to value the counter claim under Section 24(b) of the Act is correct and cannot be said to be erroneous to warrant interference by this Court.
5. At this stage, the learned counsel on both sides pray that the trial court may be directed to dispose of the suit expeditiously. As the suit is of the year 2007, the trial court is directed to dispose of the suit expeditiously and in any event within six months from the date of receipt of a copy of this order.
Petition disposed of.
Sd/- JUDGE hkh.