IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.41052 OF 2019 (GM-CPC) BETWEEN:
V. PUTTAIAH S/O. V. VENKATARAMANAPPA AGED ABOUT 55 YEARS R/AT NO.303/33 CHIKKA CHANNAPPA LAYOUT R.R. SCHOOL NORTH GATE DODDABOMMASANDRA VIDYARANYAPURA BENGALURU – 97. ... PETITIONER (BY SRI PARASHURAM R.HATTARAKIHAL, ADVOCATE) AND:
MANIMARAN S/O YALLAPPA A.N. AGED ABOUT 57 YEARS R/AT NO.141A, 6TH MAIN RAJAJINAGARA BENGALURU – 560 010. ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.06.2019 (ANNEXURE-A) PASSED ON I.A.NO.6 BY THE COURT OF THE XXV ADDL. CITY CIVIL & SESSIONS JUDGE (CCH-23), BENGALURU AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the defendant in a suit for declaration and possession in O.S.No.3562/2014 has presented this writ petition for assailing the Order dated 26.06.2019 a copy whereof is at Annex-A whereby his application in I.A.No.VI filed under Section 151 of CPC,1908 having been rejected, the learned XXV Additional City Civil Judge, Bengaluru has refused to treat Issue No.5 as the Preliminary Issue.
2. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as the Court below has not finally decided on the issue in question but deferred it’s consideration till after the trial. Such an order is consistent with full bench decision of this Court in the case of VENKATESH R. DESAI Vs. SMT. PUSHPA HOSMANI AND OTHERS, ILR 2018 KAR 5095 paragraph 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 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 other issues; but could be tried as 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 view of the above, this writ petition being devoid of merits is disposed of without granting indulgence, however, keeping open all contentions of the parties.
Sd/- JUDGE KTY