SMT. PARVATIBAI AND ORS vs BABU AND ORS

Court
Karnataka High Court

- 1 -
HC-KAR
NC: 2026:KHC-K:11673
WP No. 200749 of 2022

CNR: KAHC030016952022





IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH


TH
DATED THIS THE 29 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO

WRIT PETITION NO. 200749 OF 2022 (GM-CPC)
BETWEEN:

1. SMT. PARVATIBAI
W/O KISHAN RATHOD AGE:54 YEARS,
OCC:AGRICULTURE,
R/O POOJA COLONY, KUSNOOR ROAD,
KALABURAGI-585102

2. ANNAPPA
S/O LATE DHAMLA JADHAV
AGE:52 YEARS,
OCC: AGRICULTURE
R/O PRAGATI COLONY, BADEPUR, SEDAM ROAD,
KALABURAGI-585105

3. SMT. LAXMIBAI
W/O CHANDRASHEKHAR RATHOD
AGE:54 YEARS,
OCC:AGRICULTURE
R/O MALGHAN THANDA
TQ:CHITTAPUR DIST: KALABURAGI

4. RENUKABAI
W/O GANGARAM RATHOD
AGE:45 YEARS,
OCC:AGRICULTURE
R/O POOJA COLONY,
KUSNOOR ROAD, KALABURAGI-585102

5. RAJU S/O LATE DAMALA JADHAV
AGE:40 YEARS, OCC:AGRICULTURE











Digitally signed
by
SHIVALEELA
D UDAGI
Location: HIGH
COURT OF
KARNATAKA

- 2 -
HC-KAR
NC: 2026:KHC-K:11673
WP No. 200749 of 2022

CNR: KAHC030016952022



R/O POOJA COLONY, KUSNOOR ROAD,
KALABURAGI-585102

6. SHIVASHANKAR S/O DHAMLA JADHAV
AGE:38 YEARS, OCC:AGRICULTURE
AND SERVICE R/O POOJA COLONY,
KUSNOOR ROAD, KALABURAGI-585102
…..PETITIONERS

(BY SRI. VINAYAK APTE, ADV.)

AND

1 . BABU S/O UMLA
AGE:53 YEARS, OCC: AGRICULTURE
R/O SERI THANDA, KODLI VILLAGE
TQ: CHINCHOLI DIST: KALABURAGI-585305

2. SEETARAM
S/O TEJU
AGE:58 YEARS, OCC:AGRICULTURE
R/O SERI THANDA, KODLI VILLAGE
TQ: CHINCHOLI DIST: KALABURAGI-585305

3. LAXMIBAI W/O LATE BALACHANDER
AGE:52 YEARS, OCC:HOUSEHOLD
R/O KODLI VILLAGE TQ: CHINCHOLI
DIST:KALABURAGI-585324

4. ARCHANA D/O LATE BALACHANDER
AGE:32 YEARS, OCC:HOUSEHOLD
R/O KODLI VILLAGE TQ:CHINCHOLI
DIST:KALABURAGI-585324

5. PREETI D/O BALACHANDER
AGE:30 YEARS, OCC:HOUSEHOLD
R/O KODLI VILLAGE TQ:CHINCHOLI
DIST:KALABURAGI-585324

6. NAGALAXMI D/O BALACHANDER

- 3 -
HC-KAR
NC: 2026:KHC-K:11673
WP No. 200749 of 2022

CNR: KAHC030016952022



AGE:28 YEARS, OCC:HOUSEHOLD
R/O KODLI VILLAGE TQ:CHINCHOLI
DIST:KALABURAGI-585324

7. PAKKURAO S/O MURALIDHARRAO
AGE:68 YEARS, OCC:AGRICULTURE
R/O KODLI VILLAGE TQ:CHINCHOLI
DIST:KALABURAGI-585324

DIED BY LRs

7(a) CHITRABAI W/O LATE PAKKU DESHPANDE
AGE 65 YEARS, OCC: HOUSEHOLD
R/O KODALI VILLAGE
TQ: KALAGI DIST: KALABURAGI.

7(b) CHANDRAKANT S/O LATE PAKKURAO DESHPANDE
AGE 45 YEARS, OCC: SERVICE
R/O KODALI VILLAGE TQ: KALAGI
DIST: KALABURAGI.

7(c) RENUKA D/O LATE PAKKURAO
W/O RAGHAVENDRA KULKARNI
AGE 40 YEARS, OCC: HOUSEHOLD
R/O VILLAGE HADARKI
TQ: SEDAM dIST: KALABURAGI.

8. SMT. SHAMALABAI W/O SRIKANT OLSANKAR
D/O MURALIDHAR RAO
AGE:52 YEARS, OCC:HOUSEHOLD
R/O H.NO.10-274, RATNADEEP LOWER LANE,
BRAHMPUR, KALABURAGI-585102

9. GOPIKABAI W/O SRIKANTHRAO SARNAD
D/O MURALIDHAR RAO
AGE:50 YEARS, OCC:HOUSEHOLD
R/O MALLI VILLAGE TQ: JEWARGI
DIST: KALABURAGI-585325

- 4 -
HC-KAR
NC: 2026:KHC-K:11673
WP No. 200749 of 2022

CNR: KAHC030016952022



10. PANDURANG DESHPANDE S/O GYANRAO
AGE: 48 YEARS, OCC:AGRICULTURE
R/O PILLAPE COMPOUND, VINAYAK TEMPLE,
DEVASANDARA ROAD,
K.R.PURAM BANGALORE-560016

11. DHANANJAYAKUMAR S/O GYANARAO
AGE:43 YEARS, OCC:AGRICULTURE,
R/O H.NO.140, HOSUR ROAD,
KORAMANGALA, BANGALORE-560034

12. KANCHANA W/O DILIPKUMAR
D/O GYANARAO
AGE:54 YEARS, OCC:HOUSEHOLD
R/O KEKKUR LAYOUT YELAHANKA ROAD,
H.NO.465, BANGALORE-560064

13. KAMALABAI W/O TULAJARAM RATHOD
AGE:51 YEARS, OCC:AGRICULTURE
R/O SERI THANDA, TQ:CHINCHOLI
DIST:KALABURAGI-585305

14. CHINNABAI
W/O JAGANNATH RATHOD
AGE: 47 YEARS, OCC:AGRICULTURE
R/O ARANAKAL BUGADI THANDA,
TQ:KALAGI, DIST: KALABURAGI.

15. BABU
S/O DHAMLU JADHAV,
AGE:54 YEARS, OCC:AGRICULTURE
R/O SERI THANDA, TQ:CHINCHOLI
DIST: KALABURAGI-585305

16. SAKKUBAI
W/O DAMLU JADHAV
AGE:40 YEARS, OCC:AGRICULTURE
R/O SERI THANDA, TQ: CHINCHOLI
DIST: KALABURAGI-585305

- 5 -
HC-KAR
NC: 2026:KHC-K:11673
WP No. 200749 of 2022

CNR: KAHC030016952022



17. VINAYAK S/O DHAMLU JADHAV
AGE:37 YEARS, OCC:AGRICULTURE
R/O SERI THANDA, TQ: CHINCHOLI
DIST: KALABURAGI-585305
….RESPONDENTS


(BY SRI B.K.HIREMATH, ADV., FOR R1 AND R2;
SERVICE OF NOTICE TO R3 TO R6 AND R7(C) ARE HELD
SUFFICIENT;
R7(A) AND R7(B) AND R12 SERVED BUT UN-REPRESENTED;
V/O DATED 11.03.2022, NOTICE TO R8 TO R11 AND R13 TO
R17 ARE DISPENSED WITH)


THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED ORDER AS PER
ANNEXURE-F DATED 07.02.2022 IN O.S.NO.09/2013 ON THE
FILE OF PRL. CIVIL JUDGE, CHINCHOLI AND RETURN THE
PLAINT FOR ITS PRESENTATION BEFORE THE COMPETENT
COURT HAVING THE PECUNIARY JURISDICTION, IN ENDS OF
JUSTICE.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

CORAM: HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO

- 6 -
HC-KAR
NC: 2026:KHC-K:11673
WP No. 200749 of 2022

CNR: KAHC030016952022



ORAL ORDER
The petitioners are seeking the following reliefs:

a) Issue a writ of certiorari quashing the
impugned order as per Annexure-F dated
7.2.2022 in O.S.No.9/2013 on the file of Prl.
Civil Judge at Chincholi and return plaint for its
presentation before the competent court
having the pecuniary jurisdiction, in ends of
justice.

b) Issue any writ order or direction as this Hon’ble
Court deems fit in the circumstances of the
case, in the ends of justice.



2. The Defendants in O.S.No.9/2013, on the file of Prl.
Civil Judge at Chincholi, after filing the written statement, have
contended that the Trial Court lacks pecuniary jurisdiction to try
the suit. Accordingly, the Trial Court framed an additional issue
No.2 and the same is as under:
“2. Whether Defendant No.8(b), (i) (j)
prove that this Court has no pecuniary
jurisdiction to try this suit?”


3. The said additional issue was treated as a
preliminary issue. The Trial Court allowed the parties to lead
their evidence on the Preliminary Issue. The parties, more
particularly Defendant No.8(b), i.e., Petitioner No.2 herein,

- 7 -
HC-KAR
NC: 2026:KHC-K:11673
WP No. 200749 of 2022

CNR: KAHC030016952022



examined himself as PW.1 and marked the valuation certificate
issued by the Sub-Registrar, Chincholi, as Ex.P1, along with a
st
certified copy of the sale deed dated 11.02.2010. The 1
Respondent-Plaintiff examined himself as DW.1 and marked
valuation certificate as Ex.P1.


4. The Trial Court, after considering the rival
contentions of the parties and the provisions of the Karnataka
Court Fee and Suits Valuation Act, 1958, held that it has
pecuniary jurisdiction to try the suit. The said order of the Trial
Court dated 07.02.2022 passed in O.S.No.9/2013 on the file of
Prl. Civil Judge, Chincholi, is challenged in the present petition.


5. Learned counsel Sri. Vinayak Apte would submit
that the present Writ Petition may not survive for consideration
in view of the subsequent amendment to the Civil Courts Act,
and as such, the merits or demerits of the order impugned
need not be gone into inasmuch as the amendment, which is
introduced subsequently, would now empower the Trial Court
to try the present suit. Accordingly, learned counsel submits

- 8 -
HC-KAR
NC: 2026:KHC-K:11673
WP No. 200749 of 2022

CNR: KAHC030016952022



that the writ petition may be disposed of as rendered
infructuous.


6. In light of learned counsel’s submission, and having
placed the same on record, the writ petition is disposed of as
having been rendered infructuous.

Ordered accordingly.



Sd/-
(SUBRAMANYA RANGARAO)
JUDGE



SDU
LIST NO.: 1 SL NO.: 15