- 1 - NC: 2025:KHC:190 WP No. 5136 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5136 OF 2024 (GM-CPC) BETWEEN: SMT INDRAMMA W/O SOMACHARI D/O LATE PUTTACHARI AGED ABOUT 55 YEARS RESIDING AT THERINABEEDHI BORAPURA VILLAGE AND POST PIRIYAPATNA TALUK MYSURU DISTRICT 571107. …PETITIONER (BY SRI. RAJESHA S.,ADVOCATE) AND: 1. MAHADEVAMMA W/O LATE PUTTACHARI AGED ABOUT 70 YEARS 2. MUKUNDACHARI S/O LATE PUTTACHARI AGED ABOUT 50 YEARS 3. GEETHA W/O MUKLUNDACHARI D/O LATE PUTTACHARI AGED ABOUT 45 YEARS 4. RENUKA W/O DANAKANACHARI Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:190 WP No. 5136 of 2024 D/O LATE PUTTACHARI AGED ABOUT 36 YEARS R1 TO R4 ARE R/AT CHAPPARADA HALLI VILLAGE HARANAHALLI HOBLI, PIRIYAPATNA TALUK MYSURU DISTRICT 571107. 5. ANANTHACHARI AGED ABOUT 42 YEARS S/O LATE CHIKKACHARI R/O DABBEGHATTA VILLAGE THENGINAGHATTA POST KIKKERIHOBLI, KRISHNARAJA PETE TALUK MANDYA DISTRICT-571426. 6. RANAGACHARI AGED ABOUT 40 YEARS S/O LATE CHIKKACHARI R/O DABBEGHATTA VILLAGE THENGINAGHATTA POST KIKKERI HOBLI, KRISHNARAJA PETE TALUK MANDYA DISTRICT-571426. 7. UMESH AGED ABOUT 38 YEARS S/O LATE CHIKKACHARI R/O DABBEGHATTA VILLAGE THENGINAGHATTA POST KIKKERI HOBLI, KRISHNARAJA PETE TALUK MANDYA DISTRICT-571426. 8. HONNACHARI D.C AGED ABOUT 36 YEARS S/O LATE CHIKKACHARI ADVOCATE CIVIL AND JMFC COURT KR PETE TALUK AND TOWN MANDYA DISTRICT -571426. - 3 - NC: 2025:KHC:190 WP No. 5136 of 2024 9. CHANDRIKA AGED ABOUT 34 YEARS W/O GANGADHAR NO.32, RING ROAD, BEHIND CRIST CONVENT VIDHYANAGAR, HASSAN TOWN AND DISTRICT-573201. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 16.11.2023 PASSED BY THE CIVIL JUDGE AND JMFC, PIRIYAPATNA IN OS NO.220/2014 AT ANNEXURE-F TO THE WRIT PETITION AND CONSEQUENTLY DIRECT THE TRAIL COURT DISPOSE THE SUIT ON MERITS UNDER THE FACTS AND CIRCUMSTANCE OF THE CASE AND ETC. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner-plaintiff challenging the order dated 16.11.2023 passed by the Civil Judge and JMFC, Piriyapatna in O.S.No.220/2014 whereby on the issue of maintainability of the suit for want of pecuniary jurisdiction, the Trial Court has ordered to - 4 - NC: 2025:KHC:190 WP No. 5136 of 2024 return the plaint to the plaintiff to present the same before the appropriate forum. 2. The plaintiff has filed the suit for partition and separate possession of one-fifth share in the suit schedule property. Preliminary issue regarding pecuniary jurisdiction of the Court has been framed. The Trial Court on the basis of the valuation made by the Sub-Registrar, Periyapatna, has come to the conclusion that suit schedule property is valued more than Rs.5,00,000/- and pecuniary jurisdiction of this Court is upto Rs.5,00,000/-. Hence, the Trial Court has held that the suit is not maintainable for want of pecuniary jurisdiction and accordingly ordered for return of plaint to the plaintiff to present the same before the proper forum. Being aggrieved the present petition is filed. 3. Since the pecuniary jurisdiction of the Trial Court is only upto Rs.5,00,000/-, the Trial Court has rightly passed the impugned order under Order 7 Rule 10 of CPC and the - 5 - NC: 2025:KHC:190 WP No. 5136 of 2024 ordered for return of plaint to the plaintiff to be presented before the appropriate forum. 4. No jurisdictional error is found in the order of the Trial Court so as to exercise the supervisory jurisdiction vested under Article 227 of Constitution of India. 5. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 1