Karnataka High Court
Pandurang S/O Balappa Jagadal vs Smt. Manjawwa W/O Yallappa Suryavanshi on 12 November, 2024
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NC: 2024:KHC-D:16555
WP No. 101264 of 2021
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.101264 OF 2021
BETWEEN:
PANDURANG S/O. BALAPPA JAGADAL,
AGE: 40 YEARS, OCC: BUSINESS,
R/O: NAVALUR,
TQ AND DIST: DHARWAD - 580 001.
...PETITIONER
(BY MS. VINUTA M. KHANNUR, ADVOCATE FOR
SRI M. M. KHANNUR, ADVOCATE)
AND:
SMT. MANJAWWA W/O. YALLAPPA SURYAVANSHI,
AGE: 41 YEARS,
OCC: PRIVATE SERVICE AND AGRICULTURE,
R/O: YARIKOPPA,
TQ AND DIST: DHARWAD - 580 001.
...RESPONDENT
Digitally signed (BY SRI S.G.NANDOOR, ADVOCATE FOR
by SAROJA
HANGARAKI SMT. A.C.CHAKALABBI AND
Location: High
Court of
SRI S.B.DODDAGOUDAR, ADVOCATES)
Karnataka
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF
CRTIORARI QUASHING THE ORDER DATED 03.03.2021 ON I.A.NO 04
IN O.S.NO.634/2019 PASSED BY THE COURT OF THE III
ADDITIONAL CIVIL JUDGE AND JMFC DHARWAD, VIDE ANEXURE-F
AND ALLOW THE I.A. NO.04 DATED 17.02.2020 VIDE ANNEXURE-C
WITH EXEMPLARY COSTS AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
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WP No. 101264 of 2021
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present writ petition is filed challenging the order
dated 03.03.2021 passed on I.A No.4 under Order VII Rule
10 R/w Section 151 of the Code of Civil Procedure, 19081,
in O.S No.634/2019 by the Court of III Additional Civil
Judge and JMFC, Dharwad2.
2. The facts in brief are that the
respondents/plaintiffs instituted a suit in O.S No.634/2019
for declaration and other reliefs. The petitioner herein was
arrayed as defendant in the said suit. The
petitioner/defendant entered appearance in the suit and
filed written statement contesting the case of the plaintiff.
The petitioner along with the written statement also filed
I.A No.4 under Order VII Rule 10 R/w Section 151 of the
CPC to return the plaint for presenting the same before
the proper Court having jurisdiction in the matter. The
said application was opposed by the respondent. The Trial
Hereinafter referred to as the 'CPC'
Hereinafter referred to as the 'Trial Court'
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Court, by its order dated 03.03.2021, dismissed the said
application. Being aggrieved, the present writ petition is
filed.
3. Heard submissions of learned counsel
Ms.Vinuta.M.Khannur for learned counsel
Sri.Madanmohan.M.Khannur for the petitioner and learned
counsel Sri.S.G.Nandoor for learned counsel
Smt.A.C.Chakalabbi for the respondent. Perused the writ
petition papers.
4. It is the contention of the learned counsel for
the petitioner that having regard to the valuation of the
suit property, the Trial Court does not have pecuniary
jurisdiction to try and adjudicate the suit. Hence, it is
contended that the Trial Court has erroneously rejected I.A
No.4 and ought to have favorably considered I.A No.4.
5. Per contra, learned counsel for the
respondent/plaintiff contends that I.A No.4 under Order
VII Rule 10 of the CPC by the defendant is not
maintainable. Further, it is contended that the suit has
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been properly instituted and that the order of the Trial
Court is just and proper.
6. It is relevant to note that the Trial Court has
adjudicated upon I.A No.4 and has recorded its findings on
the valuation of the suit and pecuniary jurisdiction of the
Court, without providing an opportunity to the parties to
adduce evidence with regard to the aspect of the matter.
7. It is further relevant to note that the defendant
has taken a specific defence regarding the valuation of the
suit and the jurisdiction of the Court in paragraph Nos.3, 4
and 14 of the written statement. It is submitted that along
the filing of the written statement, the defendant had filed
I.A No.4 and hence, I.A No.4 was taken up for
consideration before the Trial Court.
8. Learned counsel for the petitioner relied upon
the judgment of a Co-ordinate Bench of this Court vide
order dated 22.01.2024 passed in W.P No.100173/2024,
wherein, this Court considering an application under Order
VII Rule 10 of the CPC has held as follows:
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"7.In the present case, the application is made
by the defendant for return of the plaint, which, I
am of the considered opinion, cannot be so done
by the defendant. The defendant is entitled to take
a defendant as regards lack of jurisdiction, which
would have to be considered by the Court on
merits in terms of the applicable law including
Section 20 of the Code of Civil Procedure, either
after the trial or as preliminary issue which can so
permissible under Sub-Rule(2) of Order 14 of the
Code of Civil Procedure."
9. It is submitted that the issues have been
framed. However, issue with regard to valuation,
Court fee and jurisdiction of the Court have not been
framed.
10. In view of the aforementioned, it is just and
proper that the order dated 03.03.2021 is set aside and
the Trial Court is permitted to frame issues in the matter
and also frame an appropriate issue with regard to
valuation, Court fee and jurisdiction of the Court and
having regard to the full Bench judgment of this Court in
the case of Venkatesh R. Desai v/s Smt. Pushpa Hosmani
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and Others3 adjudicate upon the said issues as preliminary
issue and pass necessary orders in accordance with law.
11. Hence, the following:
ORDER
i. The writ petition is allowed.
ii. The order dated 03.03.2021 passed on
I.A.No.4 in O.S.No.634/2019 by the III
Additional Civil Judge and JMFC, Dharwad is
set aside.
iii. I.A.No.4 filed by the defendant in
O.S.No.634/2019 is rejected.
iv. The parties shall appear before the Trial
Court on the next date of hearing i.e. on
30.11.2024 without the requirement of any
further notice being issued in this regard.
v. The Trial Court shall frame an appropriate
issue with regard to the valuation, Court
Hereinafter referred as to 'AIR 2019 (1) KAR. L.J. 259(FB)
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fee and jurisdiction and conduct further
proceedings in accordance with law.
vi. All contentions of the parties are left open.
Sd/-
(C.M. POONACHA)
JUDGE
PMP: Para up to 7
SSP: Para 8
CT-ASC
