- 1 - HC-KAR NC: 2025:KHC-D:12420 WP No. 106959 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106959 OF 2025 (GM-CPC) BETWEEN: 1. J RAMACHANDRAPPA S/O LATE J.HANUMANTHAPPA SINCE DECEASED BY HIS LRS SMT.B.LAKSHMIDEVI W/O. B.CHENNABASAPPA, AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O. 35TH WARD, MYASAKERI, TQ. HOSAPETE, DIST. VIJAYANAGAR – 583 201. 2. J. PARAMESHWARAPPA S/O. LATE J. RAMACHANDRAPPA, AGE: 58 YEARS, OCC: AGRICULTURIST, R/O 33RD WARD, MYASAKERI TQ: HOSAPETE DIST: VIJAYANAGAR – 583 201 3. J. VASANTH KUMAR S/O. LATE J. RAMACHANDRAPPA, AGE: 58 YEARS, OCC: AGRICULTURIST, R/O 33RD WARD, MYASAKERI TQ: HOSAPETE DIST: VIJAYANAGAR – 583 201 4. SMT. S. SARASWATHI W/O. S. BASAVARAJ, AGE: 53 YEARS OCC: HOUSEHOLD WORK R/O 32ND WARD, MYASAKERI TQ: HOSAPETE, DIST: VIJAYANAGAR – 583 201 5. J. GANESH S/O LATE J. RAMACHANDRAPPA, AGE: 49 YEARS, OCC: AGRICULTURIST, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12420 WP No. 106959 of 2025 R/O 33RD WARD, MYASAKERI, TQ: HOSAPETE, DIST: VIJAYANAGAR – 583 201 6. J. HANUMANTAH S/O. LATE J. RAMACHANDRAPPA, AGE: 48 YEARS, OCC: AGRICULTURIST, R/O 33RD WARD, MYASAKERI TQ: HOSAPETE DIST: VIJAYANAGAR – 583 201 7. J. RAVI KUMAR NAIK S/O LATE J. RAMACHANDRAPPPA, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O 33RD WARD, MYASAKERI, TQ: HOSAPETE DIST: VIJAYANAGAR – 583 201 J. JAMBAIAH S/O LATE J. HANUMANTHAPPA SINCE DECEASED BY HIS LRS 8. SMT. J SHAKUNTALAMMA W/O. LATE J. JAMBAIAH, AGE: 61 YEARS, OCC: AGRICULTURIST, R/O 33RD WARD, MYASAKERI TQ: HOSAPETE DIST: VIJAYANAGAR – 583 201 9. SMT. J. ROOPA SHREE W/O. J. RAVI KUMAR, AGE: 43 YEARS, OCC: AGRICULTURIST, R/O KECHINABANDI ROAD, NEAR HARA DEVASTANA RAMANGAGAA-02, TQ: H.B. HALLI, DIST: VIJAYANAGAR – 583 201 10. SMT. B. SHILPA SHREE W/O. SUBHASCHANDRA, AGE: 39 YEARS, OCC: AGRICULTURIST, R/O HAMPASAGARA-2 VILLAGE, TQ: H.B. HALLI DIST: VIJAYANAGAR – 583 201. 11. SMT. J. DEEPA SHREE W/O RAJU NAYAKA AGE: 35 YEARS OCC: AGRICULTURIST R/O SREE SAI NIVAS, - 3 - HC-KAR NC: 2025:KHC-D:12420 WP No. 106959 of 2025 BANNIGIDA CAMP NEAR VRL OFFICE TQ: GANGAVATHI, DIST: KOPPAL – 583 227. 12. SMT. PUSHPA SHREE T. W/O MANJUNATHA T.A. AGE: 31 YEARS OCC: AGRICULTURIST R/O M.P. FARM HOUSE, HARGOL GHAT ROAD HOSUR VILLAGE, CHITWADGI POST TQ: HOSAPETE DIST: VIJAYANAGAR – 583 201. … PETITIONERS (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE) AND: N. YUVARAJ S/O. N. BASAPPA, AGE. 56 YEARS, OCC. AGRICULTURE, R/O. WARD NO.31, BTR NAGAR, HOSAPETE, TQ / DIST. VIJAYANAGAR-583 201 … RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DTD 02-09-2025 IN R.A NO.16/2024 PASSED BY THE COURT OF PRL.SENIOR CIVIL JUDGE AND JMFC, HOSAPETE VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR FRESH MATTERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:12420 WP No. 106959 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondent is dispensed with in view of the proposed order to be passed. 2. The petitioners are before this Court seeking for the following reliefs: a. Issue Writ in the nature of Certiorari quashing the impugned order dtd: 02-09-2025 in R.A No.16/2024 passed by the Court of Prl.Senior Civil Judge and JMFC, Hosapete vide ANNEXURE-F, in the interest of justice and equity. b. Appropriate directions may kindly be issued to the Court of Prl.Senior Civil Judge and JMFC, Hosapete in R.A No.16/2024; to the effect that the aspect/issue of propriety as regards Suit relief valuation and consequential sufficiency of Court Fees paid by the Appellants before the Courts below; to be heard along with the main appeal, in the interest of justice and equity. c. Appropriate directions may kindly be Issued to the Court of Prl.Senior Civil Judge and JMFC, Hosapete in R.A No.16/2024 to the effect that Appellate Court to adjudicate upon amendment application as regards suit relief valuation/Court fee, if any so made in that regard by the Appellants, the Appellate Court in such circumstances to hear the aspect of sufficiency of Court fee along-with main merits of the matter and pass orders simultaneously, in the interest of justice and equity. d. Pass any other order/relief, that this Hon'ble Court deems fit in the nature and circumstances of the case, in the interest of justice and equity. - 5 - HC-KAR NC: 2025:KHC-D:12420 WP No. 106959 of 2025 3. The petitioner had filed a suit for declaration and permanent injunction in OS No.107 of 2015 which came to be dismissed vide judgment dated 16.11.2019. In the said judgement the trial Court held that the valuation made, and the Court fee paid is not proper and as such the trial Court directed the petitioner to make payment to sum of Rs.24,975/- as additional Court fee. 4. The petitioner challenged dismissal of the suit by filing RA No.16 of 2024, where the First Appellate Court taking into account the finding on issue No.5 relating to deficit Court fee had directed petitioner to make payment of the Court fee by the next date i.e., 22.09.2025 failing with the appeal would be dismissed. It is challenging the same, that the petitioner is before this Court seeking for the aforesaid reliefs. 5. The judgement and decree though challenged, admittedly there is no stay of the said judgement and - 6 - HC-KAR NC: 2025:KHC-D:12420 WP No. 106959 of 2025 decree, thereby requiring even the Appellate Court to implement judgement and decree. 6. The petitioner cannot content without seeking for stay of the judgement and decree that the direction which had been issued would have to be considered along with merits of the matter. Since the judgement and decree continues to be in operation the petitioner is required to comply with the same. 7. Reserving liberty to the petitioner to seek for stay of the judgement and decree as also to carry out any amendment that the petitioner proposes in respect of the valuation made. The petition stands dismissed. 8. In view of dismissal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 37