IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.24008 OF 2017 (GM-CPC) BETWEEN:
1. SRI ABDUL SUBHAN KHAN @ ABDUL ILIYAS RIYAZ S/O.LATE AHMADULLA KHAN AGED ABOUT 53 YEARS 2. SRI GHOUSE KHAN S/O.LATE AHMADULLA KHAN AGED ABOUT 51 YEARS 3. SRI IRSHAD KHAN S/O.LATE AHMADULLA KHAN AGED ABOUT 46 YEARS 4. SRI RIYAZULLA KHAN S/O.LATE AHMADULLA KHAN AGED ABOUT 47 YEARS 5. SRI MOHAMMED SHAFIULLA S/O.LATE AHMADULLA KHAN AGED ABOUT 45 YEARS 6. SRI ZAFFARULLA KHAN S/O.LATE AHMADULLA KHAN AGED ABOUT 37 YEARS 7. SMT.CHAND KHANUM @ ZEHASA D/O.LATE AHMADULLA KHAN AGED ABOUT 43 YEARS 8. SMT.SAYEED KHANUM D/O.LATE AHMADULLA KHAN AGED ABOUT 40 YEARS 9. SMT.SHAKEELA KHANUM @ RAHAMATH KATHOOR D/O.LATE AHMADULLA KHAN AGED ABOUT 36 YEARS 10. SMT.FAREEDA KHANUM @ MUNEER KHANUM D/O.LATE AHMADULLA KHAN AGED ABOUT 34 YEARS ALL ARE RESIDING AT NO.414, M.M.ROAD SYED WADI, ‘A’ DIVISION CHANNAPATNA TOWN RAMANAGARAM DISTRICT-571 501 (BY SRI C.SHANKAR REDDY, ADVOCATE) AND:
1. SRI AHMED KHAN S/O.LATE HYDER KHAN AGED ABOUT 81 YEARS 2. SMT.AMEENA KHATOON @ NOOR JAN W/O.SRI AHMED KHAN AGED ABOUT 67 YEARS BOTH ARE RESIDING AT NO.413, 413/1, M.M.ROAD SYED WADI, ‘A’ DIVISION WARD NO.18 CHANNAPATNA TOWN RAMANAGARAM DISTRICT-571 501 ... PETITIONERS ... RESPONDENTS (BY SRI BHARGAV G. FOR SRI C.R.GOPALASWAMY, ADVOCATES FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.03.2016 (ANNEXURE-D) PASSED BY THE COURT OF THE ADDITIONAL CIVIL JUDGE AND JMFC, CHANNAPATNA AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners being the defendants in a declaration suit in O.S.No.176/2013 are invoking the writ jurisdiction of this Court for assailing the order dated 22.03.2016, a copy whereof is at Annexure – D whereby the learned Additional Civil Judge, Channapatna has in effect treated the earlier framed preliminary issues as the issues to be tried along with the rest of the issues in the suit. After service of notice, the respondents having entered appearance through their counsel, resist the writ petition.
2. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter, in view of the full bench decision of this Court in the case of VENKATESH R DESAI VS. SMT.PUSHPA HOSMANI AND OTHERS, ILR 2018 KAR 5095, wherein para no.35, which reads as under:
“35.Accordingly, and in view of the above, we are clearly of the view that by virtue of Section 11 of the Karnataka Court Fees and Suits Valuation Act, 1958 read with Order XIV Rule 2 of the Code of Civil Procedure, 1908, when an issue of valuation and/or court fee 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 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.”
In the above circumstances, the writ petition is disposed of without interference, all contentions of the parties having been kept open.
Costs made easy.
Sd/- JUDGE KTY