IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.47136/2014 (GM-CPC) BETWEEN:
1. MR.S P. PRISCILLA W/O MR. ALISTAIR, M.D. ROZARIO AGED ABOUT 36 YEARS 2. MRS. CHANDRA W/O S. PANJAKSHARAM AGED ABOUT 58 YEARS BOTH THE PETITIONERS ARE RESIDENT AT NO.41, CHIKKANNA LAYOUT, 2ND CROSS M.S. NAGAR POST, R.S. PALYA BENGALURU-33.
...PETITIONERS (BY SRI. RAJAGOPALA NAIDU, ADVOCATE - ABSENT) AND:
1. MRS.MUNILAKSHMAMMA W/O. NARAYANAPPA, D/O. LATE RAMAIAH, AGED ABOUT 59 YEARS 2. MR. RAJANNA S/O. LATE RAMAIAH AGED ABOUT 57 YEARS 3. MR. KRISHNAPPA S/O. LATE RAMAIAH AGED ABOUT 55 YEARS RESPONDENTS 1 TO 3 ARE R/AT RAJANNA LAYOUT, HOSA LAYOUT ROAD, HORAMAVU POST, HORAMAVU AGARA, BENGALURU-560043 4. MR. RAMANJINI S/O. LATE RAMAIAH AGED ABOUT 59 YEARS, RESIDENT OF KALKERE VILLAGE, K.R.PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU-560 043 5. MRS. LAKKAMMA W/O. PATALAPPA, AGED ABOUT 45 YEARS, RESIDING AT T.AGRAHARA, NEAR RAJAN KUNTE, CHIKKAJALA HOBLI, BENGALURU-560 064 6. MRS. SARASWATHAMMA W/O.MURTHY, AGED ABOUT 43 YEARS 7. MR.GOPALA S/O. LATE RAMAIAH, AGED ABOUT 39 YEARS 8. MR. PATALAPPA S/O. LATE RAMAIAH AGED ABOUT 35 YEARS 9. MRS. VIMALA S/O. LATE RAMAIAH, AGED ABOUT 31 YEARS, R/AT K.CHANNASANDRA VILLAGE, HORAMAVU POST, BENGALURU-560 043 10. MR. SURESH BABU S/O. LATE ABBAIAH, MAJOR BY AGE, R/AT S.M. HOMES, 4TH FLOOR, KRISHNA REDDY LAYOUT, BANASWADI, BENGALURU-560 043 11. MR. GURUVA REDDY @ GURU REDDY FATHER’S NAME NOT KNOWN TO THE PLAINTIFFS, MAJOR BY AGE, RESIDENT OF MARGONDANAHALLI VILLAGE, K.R.PURAM HOBLI, BENGLAURU EAST TALUK.
...RESPONDENTS (BY SRI.V.SUDHAKAR, ADV. FOR C/R8;
NOTICE TO R-1-7, 9-11 DISPENSED WITH V/O/D 12.11.2014) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS DT. 11.9.14 PASSED ON IA NO.6 FILED BY R8 U/S 11 OF THE KARNATAKA COURT FEE & SUITS VALUATION ACT R/W SEC. 151 OF CPC DIRECTING THE PETITIONER TO CALCULATE AND PAY THE COURT FEE ON THE MARKET VALUE IN O.S.No.3329/2012 BY THE V ADDUTIONAL CITY CIVIL JUDGE, CCH NO.13 AS PER ANN- A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is filed by the plaintiffs in O.S.No.3329/2012 questioning the order dated 11.09.2014 passed on I.A.No.6, whereunder the learned trial Judge has called upon the registry of trial Court to calculate the court fees payable by plaintiffs on the market value of the suit schedule property as per the market value fixed by the Government.
Learned counsel for respondent No.8 has filed a memo stating thereunder that suit itself has been withdrawn on 09.09.2015. Hence, placing the said memo on record, this petition is dismissed as having become infructuous.
SD/- JUDGE DR