Full Judgment Text
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NC: 2026:KHC:7622
WP No. 16103 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 09 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.16103 OF 2023 (GM-CPC)
BETWEEN:
1. AFZAL UNNISA
W/O SAFEER,
AGED ABOUT 51 YEARS,
AGRICULTURIST,
R/O DOOR NO.56-1,
PARK MOHALLA,
MADUGIR ROAD,
SIRA TOWN-572137.
…PETITIONER
(BY SRI. R. SHASHIDHARA, ADVOCATE)
AND:
1. B.N. RAMAKRISHNA
S/O LATE NANJUNDAIAH,
AGED ABOUT 69 YEARS,
RETIRED EMPLOYEE,
R/O BEGUR VILLAGE,
BEGUR HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU - 560068.
2. SAFEER
S/O KHASIM BAIG @ SABJAN SAB,
AGED ABOUT 63 YEARS,
AGRICULTURIST,
PARK MOHALLA,
MADUGIRI ROAD,
SIRA TOWN-572137.
Digitally signed by
ARUNKUMAR M S
Location: HIGH
COURT OF
KARNATAKA
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3. SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY,
AUTHORITY OF INDIA,
NEAR KSRTC DEPOT,
CHITRADURGA-577501.
…RESPONDENTS
(BY SRI. JAGANNATHA H.T., ADVOCATE FOR R1;
SRI. PRAKASHA V. ANGADI, ADVOCATE FOR R3;
R2 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AND
JMFC AT HIRIYUR IN O.S.No.62/2018 DATED 23/01/2023 VIDE
ANNEXURE-E TO THIS WRIT PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
"a). Issue writ of certiorari or any other writ or order or
direction, in the nature of writ, quashing the order
passed by the Senior Civil Judge and JMFC at Hiriyur in
O.S.No.62/2018 dated 23.01.2023 vide Annexure-E to
this Writ Petition.
b). Issue any order or direction in the nature of writ as
this Hon'ble Court may deem fit under the facts and
circumstances of the case including as to the cost by
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allowing this writ petition in the interest of justice and
equity."
2. This petition is filed by the plaintiff in O.S.No.62/2018,
on the file of the Senior Civil Judge and JMFC, Hiriyur is directed
against the impugned order dated 23.01.2023 whereby the Trial
Court answered preliminary issue No.5 regarding valuation and
Court fee in the negative thereby directing the petitioner/plaintiff to
furnish fresh valuation slip and pay valorem Court fee on the
market value of the suit schedule property.
3. Heard learned counsel for the petitioner/plaintiff and
learned counsel for the respondents Nos.1 and 3/defendants and
perused the material on record.
4. A perusal of the material on record will indicate that the
petitioner plaintiff instituted aforesaid suit against the respondents/
defendants for declaration, cancellation, permanent injunction and
other reliefs in relation to the suit schedule immovable property.
The said suit is being contested by the defendants on merits as
well as putting forth the contention that the suit had not been
properly valued and that the Court fee paid was insufficient.
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5. Based on the pleadings of the parties, the Trial Court
totally framed eight issues, amongst which Issue No. 5 pertains to
valuation and Court fee which was treated as a preliminary issue.
6. By the impugned order, the Trial Court answered the
preliminary issue regarding valuation and Court fee against the
petitioner/plaintiff who is before this Court by way of the present
petition.
7. The question/issue as to whether issue pertaining to
valuation in Court fee should be tried as a preliminary issue by a
Court of unlimited pecuniary jurisdiction is no longer res integra in
the light of the judgment of the Hon'ble Full Bench in the case of
Venkatesh R Desai Vs Pushpa Hosmani reported in ILR 2018
KAR 5095, wherein it is held that the issue/question relating to
valuation in Court fee by a Court of unlimited pecuniary jurisdiction
cannot be treated as a preliminary issue and shall be decided and
adjudicated upon along with other issues involved in the suit.
8. Under these circumstances, I deem it just and
appropriate to set aside the impugned order and direct the Trial
Court to adjudicate all issues including the Issue No. 5 relating to
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valuation and Court fee to be decided along with other issues at the
time of final disposal of the suit.
9. Accordingly, the following:
ORDER
(i) Writ petition is allowed .
(ii) The impugned order dated 23.01.2023 in
O.S.No.62/2018, on the file of Senior Civil
Judge and JMFC., Hiriyur, on preliminary issue
is hereby set aside.
(iii) The Trial court is directed to adjudicate upon all
issues including the issue relating to valuation
and Court fee and dispose of the suit on merits
and in accordance with law within a period one
year from the date of receipt of copy of this
order.
SD/-
(S.R.KRISHNA KUMAR)
JUDGE
MR
NC: 2026:KHC:7622
WP No. 16103 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 09 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.16103 OF 2023 (GM-CPC)
BETWEEN:
1. AFZAL UNNISA
W/O SAFEER,
AGED ABOUT 51 YEARS,
AGRICULTURIST,
R/O DOOR NO.56-1,
PARK MOHALLA,
MADUGIR ROAD,
SIRA TOWN-572137.
…PETITIONER
(BY SRI. R. SHASHIDHARA, ADVOCATE)
AND:
1. B.N. RAMAKRISHNA
S/O LATE NANJUNDAIAH,
AGED ABOUT 69 YEARS,
RETIRED EMPLOYEE,
R/O BEGUR VILLAGE,
BEGUR HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU - 560068.
2. SAFEER
S/O KHASIM BAIG @ SABJAN SAB,
AGED ABOUT 63 YEARS,
AGRICULTURIST,
PARK MOHALLA,
MADUGIRI ROAD,
SIRA TOWN-572137.
Digitally signed by
ARUNKUMAR M S
Location: HIGH
COURT OF
KARNATAKA
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NC: 2026:KHC:7622
WP No. 16103 of 2023
HC-KAR
3. SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY,
AUTHORITY OF INDIA,
NEAR KSRTC DEPOT,
CHITRADURGA-577501.
…RESPONDENTS
(BY SRI. JAGANNATHA H.T., ADVOCATE FOR R1;
SRI. PRAKASHA V. ANGADI, ADVOCATE FOR R3;
R2 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AND
JMFC AT HIRIYUR IN O.S.No.62/2018 DATED 23/01/2023 VIDE
ANNEXURE-E TO THIS WRIT PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
"a). Issue writ of certiorari or any other writ or order or
direction, in the nature of writ, quashing the order
passed by the Senior Civil Judge and JMFC at Hiriyur in
O.S.No.62/2018 dated 23.01.2023 vide Annexure-E to
this Writ Petition.
b). Issue any order or direction in the nature of writ as
this Hon'ble Court may deem fit under the facts and
circumstances of the case including as to the cost by
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allowing this writ petition in the interest of justice and
equity."
2. This petition is filed by the plaintiff in O.S.No.62/2018,
on the file of the Senior Civil Judge and JMFC, Hiriyur is directed
against the impugned order dated 23.01.2023 whereby the Trial
Court answered preliminary issue No.5 regarding valuation and
Court fee in the negative thereby directing the petitioner/plaintiff to
furnish fresh valuation slip and pay valorem Court fee on the
market value of the suit schedule property.
3. Heard learned counsel for the petitioner/plaintiff and
learned counsel for the respondents Nos.1 and 3/defendants and
perused the material on record.
4. A perusal of the material on record will indicate that the
petitioner plaintiff instituted aforesaid suit against the respondents/
defendants for declaration, cancellation, permanent injunction and
other reliefs in relation to the suit schedule immovable property.
The said suit is being contested by the defendants on merits as
well as putting forth the contention that the suit had not been
properly valued and that the Court fee paid was insufficient.
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WP No. 16103 of 2023
HC-KAR
5. Based on the pleadings of the parties, the Trial Court
totally framed eight issues, amongst which Issue No. 5 pertains to
valuation and Court fee which was treated as a preliminary issue.
6. By the impugned order, the Trial Court answered the
preliminary issue regarding valuation and Court fee against the
petitioner/plaintiff who is before this Court by way of the present
petition.
7. The question/issue as to whether issue pertaining to
valuation in Court fee should be tried as a preliminary issue by a
Court of unlimited pecuniary jurisdiction is no longer res integra in
the light of the judgment of the Hon'ble Full Bench in the case of
Venkatesh R Desai Vs Pushpa Hosmani reported in ILR 2018
KAR 5095, wherein it is held that the issue/question relating to
valuation in Court fee by a Court of unlimited pecuniary jurisdiction
cannot be treated as a preliminary issue and shall be decided and
adjudicated upon along with other issues involved in the suit.
8. Under these circumstances, I deem it just and
appropriate to set aside the impugned order and direct the Trial
Court to adjudicate all issues including the Issue No. 5 relating to
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WP No. 16103 of 2023
HC-KAR
valuation and Court fee to be decided along with other issues at the
time of final disposal of the suit.
9. Accordingly, the following:
ORDER
(i) Writ petition is allowed .
(ii) The impugned order dated 23.01.2023 in
O.S.No.62/2018, on the file of Senior Civil
Judge and JMFC., Hiriyur, on preliminary issue
is hereby set aside.
(iii) The Trial court is directed to adjudicate upon all
issues including the issue relating to valuation
and Court fee and dispose of the suit on merits
and in accordance with law within a period one
year from the date of receipt of copy of this
order.
SD/-
(S.R.KRISHNA KUMAR)
JUDGE
MR