- 1 - HC-KAR NC: 2025:KHC:42871 CRP No. 460 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 460 OF 2019 BETWEEN: MRS. HAZEL FELICIA PERES W/O MR. GREGORY FREDRICK PRERES, AGED ABOUT 52 YEARS, R/AT HILL STREAK APARTMENTS, FLAT NO.1001, N.H. 66, GORIGUDDA, MANGALURU - 575 002 (DK) …PETITIONER (BY SRI. M. SUDHAKAR PAI, ADVOCATE) AND: 1. MRS. JACQUELINE MARY ALPHONSO NEE PERES D/O LATE MICHAEL PERES, AGED ABOUT 51 YEARS, R/AT "BELMONT HOUSE" BALMATTA ROAD, MANGALURU - 575 002 (DK) 2. MR. GREGORY FREDRICK PRERES S/O LATE MICHAEL PERES, AGED ABOUT 57 YEARS, R/AT "BELMONT HOUSE" BALMATTA ROAD, MANGALURU - 575 002 (DK) …RESPONDENTS (BY SRI. VIREN MICHAEL PERES, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42871 CRP No. 460 of 2019 THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 06.08.2019 PASSED ON IA NO.2 IN OS. NO. 311/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, RETURNING THE PLAINT AS PROVIDED UNDER RULE 10-A OF ORDER 7 OF CPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.M.Sudhakar Pai, learned counsel for the revision petitioner and Sri.Viren Michael Peres, learned counsel for respondent No.2. 2. Revision petition is filed by the plaintiff challeneing the order dated 06.08.2019 whereby the plaint was ordered to be returned and file it before the Family Court, Mangalore. 3. Suit for partition came to be filed by the plaintiff in respect of the following properties (hereinafter referred to as suit properties): - 3 - HC-KAR NC: 2025:KHC:42871 CRP No. 460 of 2019 SCHEDULE 'A' An undivided 1/21st right, title and interest in non-agricultural immovable property held on Warg Right situated in Kankanady village of Mangalore Taluk, 16th Balmatta Ward of Mangaluru City and within the registration Sub- District of Mangalore City, D. K. District bearing the following particulars: R.S.No. T.S.No. Kissam Extent A.C. Which portion 1/12A 738/12A Converted 0-29 Whole With all other mamool and easementary rights and right of way appurtenant thereto etc., Description of the Flat/Apartment: A three Bedroom Apartment No.301 on the third floor, measuring 1300 sq. feet (1,265 Sq. Ft., as per deed of declaration) and bearing Door No.16-3-86/17 and with an exclusive car- parking slot in the basement floor bearing no.3 of 'Shangrila Apartments' built on 'A' schedule property and along with 1/21st undivided right in common areas and facilities as mentioned in the deed of declaration. - 4 - HC-KAR NC: 2025:KHC:42871 CRP No. 460 of 2019 SCHEDULE ‘B’ VALUATION FOR THE PURPOSE OF COURT FEE AND JURISDICTION QUA PARTITION RELIEF a. Market value of the ‘A’ schedule property Rs.70,00,000/- b. Hence, plaintiff’s half share in total value of ‘A’ schedule property Rs.35,00,000/- 4. Parties are Christians by community and in respect of the properties left behind by common prepositus of plaintiff and defendants, suit came to be filed. 5. Defendant No.2 filed an application under Order VII Rule 11(d) read with Section 9 of Code of Civil Procedure. 6. Learned Trial Judge after hearing the said application, dismissed the application under Order VII Rule 11(d) read with Section 9 of CPC but directed that the plaint be ordered to be returned and presented before the jurisdictional Family Court. 7. Validity of the said order is questioned by the plaintiff whereas defendants are satisfied with the dismissal of - 5 - HC-KAR NC: 2025:KHC:42871 CRP No. 460 of 2019 the application under Order VII Rule 11(d) read with Section 9 of CPC. 8. Admittedly, having regard to the nature of the relief that is sought for in the plaint, it is the Civil Court which is alone having the jurisdiction and not the Family Court. 9. Reason assigned by the learned Trial Judge is per se incorrect having regard to the jurisdiction of the Family Court, under the Family Courts Act. 10. Hence, the following: ORDER i. Revision petition is allowed. ii. Order dated 06.08.2019 in O.S.No.311/2017 on the file of II Additional Senior Civil Judge and CJM, Mangaluru is hereby set aside. iii. Suit is to be restored on the file of II Additional Senior Civil Judge and CJM, Mangaluru for disposal in accordance with law. - 6 - HC-KAR NC: 2025:KHC:42871 CRP No. 460 of 2019 iv. Order insofar as the return of the plaint is hereby set aside. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 42