IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.19679-680/2018 (GM-CPC) BETWEEN:
SMT. T. BHARTHI W/O SRI. SIDDAIAH AGED ABOUT 62 YEARS R/AT NO. 6, 2ND CROSS ASHATALAKSHMI LAYOUT JP NAGAR, 6TH BLOCK BANGALORE 560078.
(By Mr. GIRIDHAR S.V. ADV.) AND:
1. SMT. S. SHIVRAJAMMA W/O SRI. P. PARAMSHIVAIAH AGED ABOUT 63 YEARS R/AT DOOR NO. 161, ULLALU VILLAGE YESHVANTPUR HOBLI BANGALORE NORTH TALUK-560110.
2. SRI. ESHWARAIAH S/O SRI. S. NANJUNDAIAH AGED ABOUT 75 YEARS R/AT DOOR NO.177, 5TH MAIN ROAD BCC BADAVANE, VIJAY NAGAR 2ND STAGE, BANGALORE 560040.
3. SMT. PREMA D/O SRI. L. VEERAPPAJI AGED ABOUT 46 YEARS R/AT NO.74, 4TH CROSS BASAVESHWARA LAYOUT 1ST STAGE, VIJAYANAGAR BANGALORE 560040.
… PETITIONER 4. SRI. SOMASHEKAR S/O SRI. H. NARAYANAPPA AND SMT. MALLAMMA MAJOR, R/AT. HOUSE NO.234/1 2ND CROSS, 4TH MAIN ROAD CHAMRAJPET, BANGALORE 560018.
5. SRI. HEMARAJU S/O SRI. H. NARAYANAPPA AND SMT. MALLAMMA MAJOR, R/.AT HOUSE NO.234/1 2ND CROSS, 4TH MAIN ROAD CHAMRAJPET, BANGALORE 560018.
6. SMT. LAKSHMIDEVAMMA D/O SRI. H. NARAYANAPPA AND SMT. MALLAMMA MAJOR,R/AT. HOUSE NO.234/1 2ND CROSS, 4TH MAIN ROAD CHAMRAJPET, BANGALORE 560018.
7. SMT. PUSHPALATHA D/O SRI. H. NARAYANAPPA AND SMT. MALLAMMA MAJOR, R/AT. HOUSE NO.234/1 2ND CROSS, 4TH MAIN ROAD CHAMRAJPET, BANGALORE 560018.
8. SRI. MANJU NAGAAPPA S/O SRI. VENKATARAMANAPPA AGED ABOUT 51 YEARS R/AT NO.48, 11TH CROSS KUVEMPU NAGAR, ITTAONADU BSK 3RD STAGE BANGALORE 560085.
9. SRI. B.S. RAMAKRISHNE GOWDA S/O SRI. B.L. SHIVLINGE GOWDA AGED ABOUT 51 YEARS R/AT NO. 429, 5TH CROSS NGEF LAYOUT, MALLATHAHALLI BANGALORE 560056.
10. SRI. C.S. BHASKAR S/O SRI. SURYANARAYANA AGED ABOUT 39 YEARS R/AT ‘VASHISTA’, 9TH CROSS SAPTAGIRI EXTN. (WEST) TUMKUR.
11. SRI. C.S. SURYANARAYANA S/O LATE. C S SEENAPPA AGED ABOUT 78 YEARS PERMANENTLY R/AT NO. 80 1ST D CROSS ROAD, 2ND PHASE 4TH BLOCK, BASVESHWARANAGAR BANGALORE 560079 PRESENTLY R/AT VIJAYASHREE NILAYA 9TH CROSS ROAD SAPTAGIRI EXTENSION, TUMKUR.
12. SRI. RAGHU B G S/O SRI. B N GANGANNA AGED ABOUT 35 YEARS R/AT. BELABATHA VILLAGE AND POST KADABA HOBLI, GUBBI TALUK TUMKUR DIST 572 219.
AND ALSO RESIDING AT:
NO. U 19, 9TH CROSS, PIPE LINE ROAD MALLESHWARAM, BANGALORE 560003.
13. SRI. P L UMESH KUMAR S/O SRI. LAKSHMAN RAO P AGED ABOUT 45 YEARS R/AT NO.118, NEAR BDA COMPLEX 3RD PHASE, NAGARBHAVI 2ND STAGE, BANGALORE 560072.
14. SRI. PRASAD K. SHETTY S/O KUTTY K. SHETTY AGED ABOUT 56 YEARS R/AT KUSHI NILAYA EMRAL VADA VILLAGE EMRAL POST UDUPI TALUK AND DISTRICT-574119.
… RESPONDENTS (By Mr. K.G. SADASHIVAIAH, ADV., FOR R2 (ABSENT) Mr. SANTHOSH, ADV., FOR R12 (ABSENT) Mr. RAJANNA, ADV., FOR R13 R1 – SERVED AND UNREPRESENTED Mr. V. SIDDESH, ADV., FOR Mr. S. NAGARAJA, ADV., FOR R10 & R11 V/O DTD: 24-7-2018 R10 IS THE LR OF DECEASED OF R11 R14 – SERVED & UNREPRESENTED V/O DTD: 16-11-2018 NOTICE TO R3 – R9 IS D/W) - - -
These Writ Petitions are filed under Article 227 of the Constitution of India, praying to quash the order impugned as at Annexure-F passed by the Principal Senior Civil Judge, Bangalore Rural District, Bangalore, in F.R.No.659/2018 dated 28-04-2018 and consequently hold that the court fee paid on the plaint is sufficient in terms of the Karnataka Court Fees and Suits valuation Act, 1958 and etc.
These Petitions coming on for Orders this day, the Court made the following:-
ORDER Mr.Giriddhar S.V., learned counsel for the petitioner.
Mr.Rajanna.Sadashivaiah, learned counsel for respondent No.13.
Mr.V.Siddesh for Mr.S.Nagaraja, learned counsel for respondent Nos.10 & 11.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. In these petitions under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 28.04.2018 by which the trial court has upheld the office objection with regard to payment of court fee.
4. Facts giving raise to the filing of the petitions are that the petitioner has filed a suit seeking the relief of declaration and perpetual injunction and mandatory injunction in respect of schedule ‘A’ & ‘B’ property to the suit. On institution of the suit, the Registry raised objection with regard to payment of court fee. Thereupon the matter was placed before the Court for orders. The Trial Court by order dated 28.04.2018 upheld the office objection and directed the petitioner to pay the court fee on the basis of the market value of the property.
5. Learned counsel for the petitioner while placing reliance on a decision of this Court in VENKATESH R.DESAI VS. SMT.PUSHPA HOSMANI in W.P.No.8087/2018 dated 26.10.2018 submitted that the issue whether or not the proper court fee has been paid and the relief claimed in the suit has been properly valued as a question of fact, which can be decided only after evidence is recorded. On the other hand, learned counsel for the respondent was unable to dispute the aforesaid legal position. In view of the law laid down by Full Bench of this Court in Venkatesh R.Desai (supra) the impugned order dated 28.04.2018 is hereby quashed and set aside. The Trial Court is directed to register the suit and to decide the question of valuation of the reliefs and payment of court fee on the pleadings of parties by framing issues in the light of the law laid down by the full bench of this Court. Till civil suit is registered the ad-interim order granted on 08.05.2018 shall continue. The Trial Court shall consider the application for grant of injunction afresh after affording an opportunity of hearing to both the parties without being influenced by the ad-interim order granted by this Court.
Accordingly, Writ Petitions are disposed of.
Sd/- JUDGE SS