IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 5918 OF 2015(GM-CPC) BETWEEN:
1. SMT. S. GOWRAMMA W/O G.K.RAVI, D/O C.G. SUBBA REDDY, GRAND DAUGHTER OF LATE. CHIKKA GURRAPPA, AGED ABOUT 47 YEARS, R/AT FLAT NO.103, Y.S.R. RESIDENCY, AKASH NAGAR, ANUGRAHA LAYOUT, B.NARAYANAPURA, BENGALURU-560016.
2. SMT.S.BHAGYAMMA, W/O MANOHAR REDDY, D/O C.G. SUBBA REDDY, GRAND DAUGHTER OF LATE CHIKKA GURRAPPA, AGED ABOUT 45 YEARS, R/AT NO.59, 3RD CROSS, MUNIYAPPA LAYOUT, HOSUR MAIN ROAD, GARVEBHAVIPALYA, BENGALURU-560 068.
… PETITIONERS (BY SRI. P MAHESHA, ADVOCATE) AND:
1. SRI. C.G. SUBBA REDDY S/O LATE CHIKKA GURRAPPA REDDY, AGED ABOUT 65 YEARS, 2. SRI.RAMACHANDRA REDDY S/O C.G. SUBBA REDDY, GRANDSON OF LATE CHIKKA GURRAPPA, AGED ABOUT 40 YEARS, RESPONDENT NO.1 TO 2 ARE R/AT #402, SHARE WOOD APARTMENT, 4TH A CROSS, KAGGADASPURA, C.V.RAMAN NAGAR, BENGALURU-560 093.
3. MRS.KANDALAM LAKSHMI RANGAVALLI W/O SRI.K.SURENDRA BABU, AGED ABOUT 49 YEARS, R/AT 120, SRI.SATYA SAI NILAYAM, 1ST FLOOR, S.R.R. LAYOUT, B.N.PURA EXTENTION, (MAHADEVAPURA EXTENSION), DOORAVANI NAGAR POST, BENGALURU-560 016.
4. MR.T.S.MAHENDRA KUMAR S/O SRI.T.K.SURENDRANATH SHARMA, AGED ABOUT 40 YEARS, R/AT D.NO.6-8-1207, NGO COLONY, BEHIND RITHU BAZZAR, TIRUPATHI, CHITTOOR DISTRICT-517 507.
… RESPONDENTS (BY SRI. SHIVARAM BHAT, ADVOCATE FOR R1 & 2;
SRI. M.S. VENUGOPAL, ADVOCATE FOR R3 & 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE 38TH ADDL. CITY CIVIL JUDGE AT BENGALURU IN O.S.NO.7369/2011, ORDER ON ISSUE NO.6, DATED 5.1.2015 VIDE ANNEX-D.
THIS PETITION COMING ON FOR PRELIMINMARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The subject matter of this writ petition is covered by the Full Bench decision in VENKATESH R.DESAI vs. SMT. PUSHPA HOSAMANI AND OTHERS, ILR 2018 KAR 5095, whereunder para 35 reads as under:
“35. Accordingly, and in view of the above, we are clearly of the view that the virtue of Sec.11 of Karnataka Court Fees & Suits Valuation Act, 1958 r/w Order XIV Rule 2 of Code of Civil Procedure, 1908, when an issue of valuation and/or Court Fees is raised in a Civil Suit on the objection of the defendant, the same is not invariably required to be tried as a preliminary issue and before taking evidence on the other issues; but could be tried as a preliminary issue if it relates to the jurisdiction and the trial Court is of the view that the suit or any part thereof could be disposed of on its determination. The reference stands answered accordingly”.
2. Admittedly, out of eight issues framed on 10.11.2014, the sixth issue relates to valuation of the suit and payment of Court Fee which needs to be tried along with all other issues since it has nothing to do with the jurisdiction of the Court.
3. In the above circumstances, this writ petition succeeds in part; a Writ of Certiorari issues quashing the impugned order dated 05.01.2015 at Annexure-D to the extent that the said issue is sought to be tried as a preliminary issue; the said issue shall be tried along with other issues; all questions are kept open.
Sd/- JUDGE Snb/