Sri K T Ramachandra vs Sri Venkataswamy on 29 November, 2022

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Karnataka High Court

Sri K T Ramachandra vs Sri Venkataswamy on 29 November, 2022

Bench: B. M. Shyam Prasad

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 29TH DAY OF NOVEMBER 2022

                       BEFORE

      THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

       WRIT PETITION NO.23531/2022 (GM-CPC)

BETWEEN :

1.    SRI K T RAMACHANDRA
      S/O LATE THIMMAIAH,
      AGED ABOUT 56 YEARS,

2.    SMT LAVANYA
      D/O LATE K.T.VENKATESH,
      AGED ABOUT 28 YEARS,

3.    SRI K T GANESH GOWDA
      S/O LATE THIMMAIAH,
      AGED ABOUT 57 YEARS,

4.    SMT VASANTHA
      W/O LATE SADASHIVA,
      AGED ABOUT 42 YEARS,

      ALL ARE PRESENTLY
      R/AT NO.184,
      THIMME GOWDA LAYOUT,
      KOTHANUR VILLAGE
      SHIVARAMAKANRANATH NAGAR POST,
      HENNUR MAIN ROAD,
      BENGALURU-50077.
                                  ... PETITIONERS

(BY SRI. G A SRIKANTE GOWDA, ADVOCATE)
                              2



AND :

1.      SRI VENKATASWAMY
        S/O MUNIVENKTAPPA,
        AGED ABOUT 68 YEARS,
        RESIDING AT
        KOTHANUR VILLAGE AND POST,
        HENNUR MAIN ROAD,
        BENGALURU 560077.

2.      SRI MANJUNATH
        S/O M. RAMAIAH,
        AGED ABOUT 54 YEARS,
        RESIDING AT NO.36,
        HORAMAVU POST,
        HORAMAVU VILLAGE,
        BENGALURU-560043.
                                         ... RESPONDENTS

        THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING
THE LEARNED CIVIL JUDGE TO CONSIDER AND PASS
ORDERS ON PRELIMINARY ISSUE FRAMED ON COURT
FEE BY ORDER DATED 08.07.2022 (ANNEXURE-L) AND ON
IA NO.3 FILED BY THE PETITIONERS UNDER SECTION
11(2)    OF   KCF    AND    SV   ACT   (ANNEXURE-J1)    IN
OS.NO.6597/2021 PENDING IN THE FILE LEARNED XXXIX
ADDITIONAL CITY CIVIL JUDGE (CCH-40) AT BENGALURU
CITY.

        THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING,      THIS   DAY,    THE   COURT    MADE       THE
FOLLOWING:-
                                   3



                         ORDER

This petition is by the defendants in O.S. No.6597/2021 on the file of the XXXIX Additional City Civil and Sessions Judge, Bengaluru [for short, 'the civil Court']. The petitioners' essential grievance, and the reasons for this petition as canvassed by Sri. G A Srikante Gowda, the learned counsel for the petitioners, is that though the civil Court has framed Issue on the valuation of payment of Court fee and directed this Issue to be treated as preliminary Issue, has not taken up this Issue; that the petitioner has filed application requesting the civil Court to take up the Issue accordingly. The civil Court has not taken up this application for consideration but the other applications have been decided.

Sri. G A Srikante Gowda submits that the subject property is within the urban agglomeration and the question of valuation will have to be decided in the light 4 of the recent full Bench decision in 'Elfreeda Winnifred D'Souza v. Robin D'Souza and Others' reported in ILR 2022 KAR 529.

On a careful consideration of the circumstances urged, and on perusal of the different orders by the civil Court, this Court is of the considered opinion that it would be just and reasonable to dispose of this petition calling upon the civil Court to decide the petitioner's application [I.A. No.3] in terms of the Issue framed in that regard and the decision in 'Elfreeda Winnifred D'Souza v. Robin D'Souza and Others' supra within a definite time. Hence, the petition stands disposed of calling upon the civil Court to decide on the valuation and payment of Court fee in terms of I.A. No.3 accordingly within six [6] weeks from the date of receipt of a certified copy of this order.

Sd/-

JUDGE AN/-

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