- 1 - NC: 2025:KHC-D:1861 CRP No. 100068 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100068 OF 2024 BETWEEN: 1. PREMNATHSA S/O. NARAYANSA BADDI, AGE: 68 YEARS OCC: BUSINESS, R/O: NEAR SREE RAM SCHOOL, KAMARIPETH, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 2. MOHANSA S/O. NARAYANSA BADDI, AGE: 66 YEARS OCC: BUSINESS, R/O: NEAR SREE RAM SCHOOL, KAMARIPETH, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 3. RAMESH S/O. NARAYANSA BADDI, AGE: 62 YEARS OCC: BUSINESS, R/O: NEAR SREE RAM SCHOOL, KAMARIPETH, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 4. AMBALAL S/O. NARAYANSA BADDI, AGE: 55 YEARS OCC: BUSINESS, R/O: NEAR SREE RAM SCHOOL, KAMARIPETH, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 5. MAHADEV @ RAJU S/O. NARAYANSA BADDI, AGE: 53 YEARS OCC: BUSINESS, R/O: NEAR SREE RAM SCHOOL, KAMARIPETH, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 6. SMT. SUSHILABAI S/O. HANAMANTSA HABIB, AGE: 62 YEARS OCC: HOUSEHOLD, R/O: NEAR SINDHOOR HOSPITAL, NEAR TIMMASAGAR TEMPLE, VIDYA NAGAR, HUBBALLI-580025, MANJANNA E Digitally signed by MANJANNA E Date: 2025.02.04 11:07:05 +0530 - 2 - NC: 2025:KHC-D:1861 CRP No. 100068 of 2024 TQ: HUBBALLI, DIST: DHARWAD. 7. SMT. SHILPA (SAPNA) W/O. RAGHAVENDRA BASAVA, AGE: 53 YEARS OCC: HOUSEHOLD, R/O: MAYOORI EXTENSION, NEAR PRALHAD JOSHI, M.P HOUSE, KESHWAPUR, HUBBALLI-580023, TQ: HUBBALLI, DIST: DHARWAD. 8. SMT. SAVITRI (GAYATRI) W/O. RAMACHANDRA BAKALE, AGE: 58 YEARS OCC: HOUSEHOLD, R/O: BAKALE GALLI, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 9. SMT. INDUMATI (GEETA) W/O. VENKATESH KATWE, AGE: 56 YEARS OCC: HOUSEHOLD, R/O: NEAR KHODAY HOSTEL, BEHIND RAMBHAPURI KALYAN MANTAP, SHIROOR PARK, VIDYA NAGAR, HUBBALLI-580025, TQ: HUBBALLI, DIST: DHARWAD. …PETITIONERS (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND 1. BALAKRISHNA S/O. HANUMANTSA IRKAL, AGE: 68 YEARS, OCC: BUSINESS, R/O. H. NO. 7, JAKKALI LAYOUT, HEMANTH NAGAR, KESHWAPUR, HUBBALLI-580023, TQ: HUBBALLI, DIST: DHARWAD. 2. SAINATH S/O. BALAKRISHNA IRKAL, AGE: 43 YEARS, OCC: BUSINESS, R/O. H. NO. 7, JAKKALI LAYOUT, HEMANTH NAGAR, KESHWAPUR, HUBBALLI-580023 TQ: HUBBALLI, DIST: DHARWAD. 3. AMBALAL S/O. BALAKRISHNA IRKAL, AGE: 41 YEARS, OCC: BUSINESS, R/O. H. NO. 7, JAKKALI LAYOUT, HEMANTH NAGAR, KESHWAPUR, - 3 - NC: 2025:KHC-D:1861 CRP No. 100068 of 2024 HUBBALLI-580023 TQ: HUBBALLI, DIST: DHARWAD. [RESPONDENTS NO.1 & 3 REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER I.E., RESPONDENT NO.2 I.E., SAINATH S/O. BALAKRISHNA IRKAL, AGE: 43 YEARS, OCC: BUSINESS, R/O. H. NO. 7, JAKKALI LAYOUT, HEMANTH NAGAR, KESHWAPUR, HUBBALLI-580023, TQ: HUBBALLI, DIST: DHARWAD. 4. SHRIDHAR S/O. JAGANNATHSA PATTAN, AGE: 45 YEARS, OCC: BUSINESS, R/O. GHANTIKERI ONI, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 5. ARJUN S/O. JAGANNATHSA PATTAN, AGE: 42 YEARS, OCC: BUSINESS, R/O. GHANTIKERI ONI, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 6. SMT. AMBIKA W/O. SHRIDHAR PATTAN, AGE: 41 YEARS, OCC: HOUSEHOLD, R/O. GHANTIKERI ONI, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 7. SMT. SUVARNA W/O. ARJUN PATTAN, AGE: 38 YEARS, OCC: HOUSEHOLD, R/O. GHANTIKERI ONI, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. [RESPONDENTS NO.5 TO 7 REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER I.E., RESPONDENT NO.4 SHRIDHAR S/O. JAGANNATHSA PATTAN, AGE: 45 YEARS, OCC: BUSINESS, R/O. GHANTIKERI ONI, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. 8. MOHAMMAD ISMAIL A. BYAHATTI, AGE: 61 YEARS, OCC: BUSINESS, R/O. OPP IRKAL PETROL PUMP, 1ST CROSS, NAVANAGAR, HUBBALLI-580025, TQ: HUBBALLI, DIST: DHARWAD. …RESPONDENTS (BY SRI. S.S. NIRANJAN, ADVOCATE FOR R1 TO R8) - 4 - NC: 2025:KHC-D:1861 CRP No. 100068 of 2024 THIS CRP IS FILED UNDER SEC.115 OF CPC, PRAYING TO, SET ASIDE THE IMPUGNED ORDER DATED 19.03.2024 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS-III, HUBBALLI IN OS NO.183/2018 ANSWERING THE PRELIMINARY ISSUE IN NEGATIVE AS PER ANNEXURE-A AND DISMISS/RETURN THE PLAINT IN SUIT O.S. NO.183/2018 AS NOT MAINTAINABLE, IN THE ENDS O JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) This Revision Petition is filed by the defendant Nos.1 to 5, 7 to 10 in OS No.183/2018, challenging the order dated 19.03.2024 on the file of II Additional Civil Judge and JMFC-III, Hubballi (for short, hereinafter referred to as ‘Trial Court’), on additional issue No.5. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. 3. The plaintiffs have filed suit in OS No.183/2018 seeking eviction of the defendants from the suit property. The defendants have entered appearance and filed detailed written statement contending that the suit is not maintainable before the Civil Court and accordingly challenged the jurisdiction of the Court. - 5 - NC: 2025:KHC-D:1861 CRP No. 100068 of 2024 4. Issues were framed by the Trial Court and thereafter, additional issue was framed with regard to the jurisdiction of the Court. The Trial Court after examining the parties holding that the Civil Court is having jurisdiction and as such passed the impugned order dated 19.03.2024. Feeling aggrieved by the same, the contesting defendants are before this Court. 5. Heard Sri. Shriharsh A. Neelopant, learned counsel appearing for the petitioners and Sri. S. S. Niranjan, learned counsel appearing for the respondents. 6. Sri. Shriharsh A. Neelopant, learned counsel appearing for the petitioners contended that the relief sought for by the plaintiffs seeking eviction of the defendants and in this regard he invited the attention of the Court to paragraph Nos.5 and 10 of the plaint and argued that as the annual rent payable by the defendant in respect of the suit property is Rs.8,500/- and therefore, the Civil Court has no jurisdiction and on the other hand, the Court of Small Causes having jurisdiction to entertain the suit for eviction and as such sought for interference of this Court. - 6 - NC: 2025:KHC-D:1861 CRP No. 100068 of 2024 7. Per contra, Sri. S. S. Niranjan, learned counsel appearing for respondents sought to justify the impugned order passed by the Civil Court. 8. In the backdrop of these aspects, I have given my anxious consideration with regard to the finding recorded by the Civil Court as well as the arguments advanced by the learned counsel appearing for the parties. On careful examination of paragraph Nos.5 and 10 of the plaint makes it clear that, the annual rent payable by the defendants is Rs.8,500/- and comes to Rs.708/- per month. In that view of the matter, taking into consideration Section 8 of the Karnataka Small Cause Courts Act, 1964, as the suit schedule property situate in Hubballi, and if the annual rent is less than Rs.1 lakh and therefore, the Civil Court has no jurisdiction to entertain the suit. It is open for the plaintiffs to approach the Court of Small Causes for adjudication of the dispute, if so advised. 9. In this regard, taking into account as the Civil Court having no jurisdiction and any adjudication by the Civil Court would become nullity in law in view of the declaration of law made by the Hon’ble Supreme Court in the case of Kiran - 7 - NC: 2025:KHC-D:1861 CRP No. 100068 of 2024 Singh and Others Vs. Chaman Paswan and Others1, hence I find force in the submission learned counsel appearing for the petitioner. Accordingly, I pass the following: ORDER i. Civil Revision Petition is allowed. ii. Order dated 19.03.2024 is OS No.183/2018 on the file of II Additional Civil Judge and JMFC-III, Hubballi, is hereby set aside. iii. Additional issue No.5 is answered affirmatively holding that the Small Cause Court is having jurisdiction and the Civil Court has no jurisdiction to entertain the suit in OS No.183/2018. iv. Hence, suit is dismissed on the ground of jurisdiction. SD/- (E.S.INDIRESH) JUDGE SMM / LIST NO.: 1 SL NO.: 34 1 AIR 1954 SC 340