Karnataka High Court
Sri. Lakshmaiah Naidu vs M/S Asian Fab Tac Ltd on 12 January, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:1685
WP No. 4358 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 4358 OF 2023 (GM-CPC)
BETWEEN:
1. SRI. LAKSHMAIAH NAIDU
S/O LATE C MUNISWAMY NAIDU
AGED ABOUT 72 YEARS
2. SRI L ADISHESHA NAIDU
S/O M LAKSHMAIAH NAIDU
AGED ABOUT 42 YEARS
3. SMT L VINODA
D/O M LAKSHMAIAH NAIDU
AGED ABOUT 37 YEARS
4. SMT L VANITHA
D/O M LAKSHMAIAH NAIDU
AGED ABOUT 37 YEARS
Digitally
signed by 5. SRI M SUBRAMANI @ SUBRAMANY
ANAND N S/O LATE C MUNISWAMY NAIDU
Location:
HIGH AGED ABOUT 62 YEARS
COURT OF
KARNATAKA
6. SMT S BANUMATHI
W/O M SUBRAMANY
AGED ABOUT 52 YEARS
7. KUM S MONIGA NAG
D/O M SUBRAMANY
AGED ABOUT 24 YEARS
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WP No. 4358 of 2023
8. SRI S NAGARJUNA
S/O M SUBRAMANYA
AGED ABOUT 22 YEARS
ALL ARE R/AT KANNUR VILLAGE
KYASAMABALLIHOBLI
K G F TALUK 563122
...PETITIONERS
(BY SRI. N S BHAT.,ADVOCATE)
AND:
M/S ASIAN FAB TAC LTD
A REGISTERED COMPANY
HAVING ITS REGISTERED
OFFICE OF FLAT NO 15
2ND PHASE
PEENYA INDUSTRIAL AREA
BENGALURU 560058
REPRESENTED BY ITS
DIRECTOR SRI K P PAVAN
...RESPONDENT
(BY SRI. SANDEEP M.K., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 09/02/2023 ON
PRELIMINARY ISSUE PASSED BY THE COURT OF
SENIOR CIVIL JUDGE AND PRL. JMFC, KGF IN
O.S.NO.69/2022 AS PER ANNEXURE-E AND
CONSEQUENTLY TO HOLD THAT THE COURT FEE
SUBJECT MATTER OF THE SUIT IS PROPERLY
VALUES AND THE COURT FEE PAID IS SUFFICIENT.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 4358 of 2023
ORDER
This petition is directed against the impugned order
dated 09.02.2023 passed in O.S.No.69/2022 by the Senior
Civil Judge and Principal JMFC, K.G.F. [for short, 'the trial
Court'] whereby, Issue No.6 relating to valuation and Court
fee was treated as the Preliminary Issue and answered
against the petitioners-plaintiffs, who were directed to file
fresh valuation slip and pay additional Court fee on the
plaint.
2. The material on record discloses that the
petitioners-plaintiffs instituted the aforesaid suit against the
respondent-defendant for specific performance and other
reliefs in relation to the suit schedule immovable property.
The respondent-defendant contested the suit by filing the
written statement and taking up a contention that the suit
had not been properly valued and the Court fee paid on the
plaint was highly insufficient. Pursuant to the pleadings of
the parties, the trial Court framed seven Issues amongst
which, Issue No.6 related to valuation of the suit and
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payment of Court fee. The said Issue relating to Court fee
was treated by the trial Court as the Preliminary Issue
pursuant to which, the trial Court proceeded to answer the
same against the petitioners by passing the impugned
order, which is assailed in the present petition.
3. The question as to whether an Issue relating to
valuation and Court fee has to be treated as a Preliminary
Issue is no longer res integra in the light of the judgment of
the Hon'ble Full Bench of this Court in the case of
Venkatesh R. Desai Vs. Smt. Pushpa Hosmani1 wherein,
it is held that an Issue relating to valuation and/or Court fee
cannot be treated as the Preliminary Issue so long as it
does not affect the pecuniary jurisdiction of the trial Court,
and the same would necessarily have to be dealt with all
other Issues with the suit.
4. In the instant case, it is undisputed fact that the
suit is before the Senior Civil Judge and Principal JMFC,
KGF, which has unlimited pecuniary jurisdiction to
ILR 2018 KAR 5095
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adjudicate upon the suit and consequently, the trial Court
clearly fell in error in directing Issue No.6 to be treated as a
Preliminary Issue and answering the same against the
petitioners by passing the impugned order, which is
contrary to the judgment of the Hon'ble Full Bench of this
Court referred to supra. Accordingly, the impugned order
deserves to be set aside and necessary directions are to
be issued to the trial Court to decide all Issues, including
Issue No.6 at the time of final disposal of the suit.
4. In the result, the following:
ORDER
i The petition is hereby allowed.
ii The impugned order dated 09.02.2023 in
O.S.No.69/2022 on the file of the Senior Civil
Judge, Principal JMFC, KGF is hereby set
aside.
iii The matter is remitted back to the trial Court
with a direction to decide all Issues, including
Issue No.6 relating to valuation and Court fee
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along with other Issues at the time of final
disposal of the suit
iv All rival contentions on all issues and all
aspects of the matter, including valuation and
Court fee are kept open and no opinion is
expressed on the same.
SD/-
JUDGE
RB
