- 1 - NC: 2025:KHC:10330 WP No. 34461 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 34461 OF 2024 (GM-CPC) BETWEEN: 1. SRI T REVANNA S/O LATE THIMAPPA AGED ABOUT 88 YEARS 2. SRI. BHAKTHARAJU D S/O LATE DHANANJAYAPPA AGED ABOUT 48 YEARS 3. SRI. RAMESH S/O LATE CHANDRAPPA AGED ABOUT 36 YEARS 4. SRI T RAMAIAH S/O LATE THIMAPPA AGED ABOUT 61 YEARS 5. SMT. GIRIJAMMA W/O LATE DHANANJAYAMMA AGED ABOUT 77 YEARS ALL ARE R/AT KUDUREGERE GRAMA DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU 562 126. …PETITIONERS (BY SRI. K.N. ARVINDA NAVADA.,ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10330 WP No. 34461 of 2024 AND: 1. SMT. JAYAMMA W/O LATE K.T. KRISHNAPPA SINCE DEAD BY HER LRs. SRI. THIMMAPPA S/O LATE K.T. KRISHNAPPA AGED ABOUT 46 YEARS 2. SMT. PUSHPA. K, D/O LATE K.T. KRISHNAPPA AGED ABOUT 50 YEARS 3. SMT. MANJULA. K D/O LATE K.T. KRISHNAPPA AGED ABOUT 40 YEARS R1 TO R3 ARE R/AT KUDUREGERE GRAMA DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU 562 126. 4. SRI. MUNIRAJU S/O MARAPPA @MARAIAHA AGED ABOUT 56 YEARS R/AT THOTADA GUDDADA HALLI VILLAGE NAGASANDRA POST BENGALURU 560 073. …RESPONDENTS (BY SRI.RAMACHANDRA NAIK., ADVOCATE FOR R4: NOTICE TO R1 TO R3 ARE DISPENSED WITH V/O DATED:11.03.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER IN O.S.NO. 62 OF 2014 DATED: 25.11.2024 PASSED BY I ADDL. SENIOR CIVIL JUDGE AND JMFC AT NELAMANGALA ON I.A. NO.II FILED UNDER - 3 - NC: 2025:KHC:10330 WP No. 34461 of 2024 ORDER VII RULE 10 OF THE CPC AS PER 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 under Article 227 of the Constitution of India, challenging the order dated 25.11.2024, passed by the I Additional Senior Civil Judge, Nalamangala on IA No.VI filed under Order VII Rule 10 of CPC in O.S.No.62/2014, whereby the said IA filed by defendant No.4 was allowed and plaint was ordered to be returned to the plaintiff. 2. The plaintiff filed a suit for declaration. Along with the plaint, he filed a valuation slip. 3. The learned counsel for the petitioner contended that for the purpose of jurisdiction, he valued the suit and the value of the suit property as Rs.20,00,0000/-. Since the pecuniary jurisdiction is above Rs.5,00,000/-, he rightly filed the suit before the Senior Civil Judge and - 4 - NC: 2025:KHC:10330 WP No. 34461 of 2024 JMFC, Nelamangala. He further contended that in the order sheet produced as Annexure-A, in the first sheet, the valuation has been shown as Rs.20,00,000/-. The trial court, without any material on record, has come to the conclusion that the suit is valued below Rs.5,00,000/- and allowed the application. 4. In fact, as per Annexure-A produced in this writ petition, the first page of the order sheet shows that, for the purpose of jurisdiction, the suit property has been valued at Rs.20,00,000/-. The trial court has not given any reason to consider the suit as undervalued for Rs.5,00,000/- and no materials are forthcoming. Therefore, the finding of the trial court that the court has no pecuniary jurisdiction, is contrary to the materials available on record. 5. In view of the above, the following order is passed: (i) The writ petition is allowed. - 5 - NC: 2025:KHC:10330 WP No. 34461 of 2024 (ii) The order dated 25.11.2024 passed on IA No.VI in O.S.No.62/2014 by the I Additional Senior Civil Judge, Nelamangala is set aside. (iii) The trial court is directed to reconsider the IA filed under Order VII Rule 10 of CPC, in accordance with law, after giving opportunity to both the parties. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 37