- 1 - NC: 2025:KHC:14771 WP No. 28588 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 28588 OF 2023 (GM-CPC) BETWEEN: 1. SRI. NAREPPA DEAD BY LRs. SRI KRISHNAPPA S/O LATE NAREPPA AGED ABOUT 50 YEARS 2. SRI SRINIVASA N S/O LATE SRINIVASA N AGED ABOUT 45 YEARS PETITIONERS NO.1 & 2 ARE R/O THIMMAKALAPALLI VILLAGE KASABA HOBLI, BAGEPALLI TALUK CHICKABALLAPUR-561207. 3. SMT LAKSHMIDEVAMMA W/O VENKATESHAPPA D/O LATE NAREPPA AGED ABOUT 50 YEARS R/O CHINTHAMANI MAIN ROAD KONDAVARAMPALLI VILLAGE GADIDAM PANCAHAYTH KASABA HOBLI, BAGEPALLI TALUK-561207. PETITIONERS (BY SRI. D P MAHESH.,ADVOCATE) AND: 1. SRI G K NANJUNDAIAH SHETTY S/O G K KRISHNAIAH SHETTY AGED ABOUT 45 YEARS R/O 14TH WARD, BAGEPALLI TOWN CHICKBALALPUR DISTRICT-561207. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14771 WP No. 28588 of 2023 2. SMT NAGAMANI W/O B N ADEPPA AGED ABOUT 48 YEARS R/O 16TH WARD,BAGEPALI TOWN CHICKBALLAPURA DISTRICT-561207. 3. SRI B N NARASIMHA MURTHY S/O B V NANJUNDAPPA AGED ABOUT 53 YEARS R/O 21ST WARD, BEHIND TMC OFFICE BAGEPALI TOWN CHICKBALLAPURA DISTRICT-561207. 4. SRI B N MANJUNATH S/O B V NANJUNDAPPA AGED ABOUT 49 YEARS R/AT 9TH WARD, SBM ROAD BAGEPALI TOWN CHICKBALLAPURA DISTRICT-561207. 5. SRI B N KRISHNA S/O B V NANJUDNAPPA AGED ABOUT 46 YEARS R/AT 16TH WARD, BEHIND SBM BAGEPALI TOWN CHICKBALLAPURA DISTRICT-561207. 6. SRI B N SRINIVASA S/O B V NANJUNDAPPA AGED ABOUT 46 YEARS R/A 16TH WARD, BEHIND SBM BAGEPALI TOWN CHICKBALLAPURA DISTRICT-561207. 7. SRI T C KRISHNA MURTHY S/O T CHALUMAIAH AGED ABOUT 50 YEARS MERCHANT, R/AT 14TH WARD BAGEPALI TOWN CHICKBALLAPURA DISTRICT-561207. 8. SRI K V RAMESH BABU S/O K N VENKATACHALAPATHAIAH AGED ABOUT 60 YEARS - 3 - NC: 2025:KHC:14771 WP No. 28588 of 2023 MERCHANT, R/AT SRINAGARA BENGALURU-560026. …RESPONDENTS (NOTICE TO R1 TO R6 ARE SERVED & UNREPRESENTED: NOTICE TO R7 & R8 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 7.12.2023, PASSED IN FR.RA.85/2023 BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, VIDE ANNEXURE-A AND ETC. 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 This writ petition is filed by the plaintiff/appellant under Article 227 of the Constitution of India, challenging the order dated 07.12.2023 passed in FR.R.A.No.85/2023 by the I Additional District and Sessions Judge, Chikkaballapura, whereby the petitioners have been directed to pay the deficit court fee as per the judgment and decree. 2. The plaintiff filed a suit for declaration in O.S.No.11/2014. The suit came to be dismissed by judgment and decree dated 15.04.2023 and also directing the plaintiff to pay the deficit court fee of Rs.2,21,375/-. - 4 - NC: 2025:KHC:14771 WP No. 28588 of 2023 Being aggrieved by the same, the plaintiff filed FR.R.A.No.85/2023. In the memorandum of appeal, he has taken a specific ground that, the judgment and decree directing to pay the deficit court fee itself is illegal and liable to be set aside. He has challenged that part of the direction and also the entire judgment and decree. When he challenged the directions given in the judgment and decree in O.S.No.11/2014 to pay the deficit court fee, the I Appellate Court erred in directing the plaintiff/appellant to pay the court fee before registering the appeal. When the judgment and decree itself has been challenged, the issue regarding the deficit court fee has to be decided by the I Appellate Court after giving opportunity to the parties after registering the appeal. The I Appellate Court has erred in directing to pay the deficit court fee. 3. In view of the above, the following order is passed: (i) The writ petition is allowed. - 5 - NC: 2025:KHC:14771 WP No. 28588 of 2023 (ii) The order dated 07.12.2023 passed in FR.R.A.No.85/2023 by the I Additional District and Sessions Judge, Chikkaballapura is set aside. (iii) The I Appellate Court is directed to register the appeal, if the appeal is in order in all respects, except the payment of deficit court fee. (iv) The I Appellate Court is directed to decide the issue of deficit court fee along with the other issues in the appeal, in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 44