- 1 - NC: 2025:KHC:1651 WP No. 17512 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17512 OF 2024 (GM-CPC) BETWEEN: SMT LAKSHMI R D/O LATE PARAMESHWARA BAIRY AGED ABOUT 52 YEARS R/AT NO.92, B/W, 7TH AND 8TH CROSS 2ND MAIN ROAD, CHAMARAJAPETE BENGALURU-560018 REP BY HIS P A HOLDER SRI DORESWAMY L S/O LATE LINGAPPA AGED ABOUT 60 YEARS R/AT NO.4/1, 17TH CROSS WEST PARK ROAD, MALLESHWARAM BENGALURU-560055. …PETITIONER (BY SRI. RAVISHANKAR S.,ADVOCATE) AND: 1. SMT RANGAHANUMAKKA W/O LATE VENKATAPPA @ VENKATAIAH AGED ABOUT 73 YEARS R/AT GIRIYANAPALYA VILLAGE SOMPURA HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT. 2. SMT. KARIYAMMA D/O LATE VENKATAPPA @ VENKATAIAH W/O LATE RUDRAIAH AGED ABOUT 64 YEARS R/AT KUNTABOMMANAHALLI VILLAGE SOMPURA HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1651 WP No. 17512 of 2024 3. SMT. THIMMAKKA D/O LATE VENKATAPPA @ VENKATAIAH W/O UGRAIAH AGED ABOUT 59 YEARS R/AT KALLUPALYA VILLAGE GULURU HOBLI, TUMKUR TALUK. 4. SMT. GANGAMMA D/O LATE VENKATAPPA @ VENKATAIAH AGED ABOUT 57 YEARS R/AT KALLUPALYA VILLAGE GULURU HOBLI, TUMKUR TALUK. 5. SMT. SHIVAMMA D/O LATE VENKATAPPA @ VENKATAIAH W/O LATE GOVINDARAJU AGED ABOUT 49 YEARS R/AT GIRIYANAPALYA VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT. 6. SMT. NARASAMMA D/O LATE VENKATAPPA @ VENKATAIAH W/O LATE RANGAIAH AGED ABOUT 55 YEARS R/AT GIRIYANAPALYA VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT. 7. SMT. RANGAMMA D/O LATE VENKATAPPA @ VENKATAIAH W/O LATE CHIKKANNA AGED ABOUT 53 YEARS R/AT HANUMANAHALLI VILLAGE HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMKUR DISTRICT. 8. SMT.MANJAMMA D/O LATE VENKATAPPA @ VENKATAIAH - 3 - NC: 2025:KHC:1651 WP No. 17512 of 2024 W/O RAJANNA AGED ABOUT 50 YEARS R/AT NO.139, 6TH CROSS KUVEMPU COLLEGE MALLASANDRA, T. DASARAHALLI BENGALURU-560057. 9. SRI. NARASIMHA RAJU S/O UGRAIAH AGED ABOUT 44 YEARS R/AT GIRIYANAPALYA VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT. 10. SRI KIRAN KUMAR S/O RAJU K AGED ABOUT 28 YEARS R/AT GIRIYANAPALYA VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT. 11. SRI. P N CHANDRA SHEKAR S/O P V NANJUNDA RAO AGED ABOUT 55 YEARS R/AT NO.1, KRISHNA ROAD NEAR BASAVANAGUDI POST OFFICE BASAVANAGUDI, BENGALURU-560004. 12. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING BANGALORE-560001 REP BY ITS SECRETARY. …RESPONDENTS (BY SRI.GOPALKRISHNA SOODI, AGA FOR R12: NOTICE TO R1 TO R11 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE - 4 - NC: 2025:KHC:1651 WP No. 17512 of 2024 ORDER DATED 01/06/2024 VIDE ANNEXURE-B DIRECT THE PETITIONER TO PAY COURT FEE AND SUIT VALUATION ACT 1958 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA IN FR NO. 259 OF 2024 WHICH WAS SUBSEQUENTLY NUMBERED AS OS NO. 502 OF 2024 AND ALLOW THE SAME BY ALLOWING THIS WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff challenging the order dated 01.06.2024 passed by the Senior Civil Judge and JMFC, Nelamangala in F.R.No.259/2024 which was subsequently numbered as O.S.No.502/2024, whereby the Trial Court has directed the plaintiff to pay court fee under Section 38 of the Karnataka Court Fee and Suit Valuation Act, 1958. 2. The learned counsel for the petitioner-plaintiff submitted that this court in similar circumstances in W.P.No.10681/2023 has allowed the said writ petition and - 5 - NC: 2025:KHC:1651 WP No. 17512 of 2024 set aside the impugned order. Paragraphs-3, 4 and 5 of the order dated 26.05.2023 passed in W.P.No.10681/2023 reads as under: “3. A perusal of the impugned order passed by the trial court will indicate that the trial court has come to the conclusion that the petitioners-plaintiffs are liable to b pay ad-valorem court fee on the market value of the suit schedule property, since the petitioners – plaintiffs have sought for cancellation of the sale deed dated 22.10.2012, to which they were parties and consequently, Section 38 of the said Act of 1958 was applicable which entails payment of court fee on the market value of the suit schedule property. In this context, the trial court failed to consider the plaint averments including the schedule, wherein the plaintiffs have clearly stated that the suit schedule property was agricultural land bearing Sy.No.293/2 measuring 21 guntas situated at Kaggalipura village, Uttarahalli hobli, Bangalore South Taluk, which is assessed to land revenue under the provisions of the Karnataka Land Revenue Act, 1961 and consequently, the suit was correctly valued under Section 7(2) r/w Section 38 of the said Act of 1958, which is part and parcel of Section 7(2) of the said Act of 1958. - 6 - NC: 2025:KHC:1651 WP No. 17512 of 2024 4. Under these circumstances, I am of the considered opinion that the impugned order passed by the trial court directing the petitioners – plaintiffs to pay ad-valorem court fee on the market value of the suit schedule property is erroneous and contrary to the material on record as well as the provisions of the said Act and the same deserves to be set aside. 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 15.04.2023 passed in O.S.FR No.633/2023 by the trial court is hereby set aside. (iii) The office objection raised by the registry of the trial court regarding valuation and court fee are over-ruled. (iv) The registry of the trial court is directed to register the suit as Original Suit (OS) and post the said suit before the appropriate court on 12.06.2023 for hearing the petitioners – plaintiffs.” 3. In view of the above, the following order is passed: ORDER a) Writ petition is hereby allowed. - 7 - NC: 2025:KHC:1651 WP No. 17512 of 2024 b) The impugned order dated 01.06.2024 passed by the Senior Civil Judge and JMFC, Nelamangala in F.R.No.259/2024 which was subsequently numbered as O.S.No.502/2024, is hereby set aside. c) The office objection raised by the Registry of the Trial Court regarding valuation and court fee are over-ruled. d) It is made clear that this order will not come in the way of defendants to raise objection regarding payment of court fee under the provisions of Karnataka Court Fee and Suit Valuation Act, 1958. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 48