- 1 - HC-KAR NC: 2025:KHC-D:14950 CRP No. 100097 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CIVIL REVISION PETITION NO. 100097 OF 2019 BETWEEN: 1. SHRI. MUSHTAQ S/O MOHAMMADGOUS PATEL, AGE: 45 YEARS, OCC: BUSINESS, 2. SHRI. MOHAMMAD @ SUEB S/O MOHAMMADGOUS PATEL, AGE: 40 YEARS, OCC: BUSINESS, BOTH THE PETITIONERS ARE R/O: H.NO.3, BAZAR PETH, KHASBAG, BELAGAVI-590 004. … PETITIONERS (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: 1. SMT. KHATALBI GUDUSAB BAGWAN, AGE: 86 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.4248, JALGAR GALLI, BELAGAVI-590 001. 2. SMT. SHAFIA D/O ALAM PATEL, AFTER MARRIAGE KNOWN AS SMT. SHAFIA W/O GUDUSAB BAGWAN, AGE: 66 YEARS, OCC: HOUSEHOLD WORK, R/O: BAZAR PEATH, KHASBAG, BELAGAVI, NOW AT 4144, TAMBITGAR GALLI, HOSUR, BELAGAVI-590 003. 3. SMT. MUMTAJ D/O ALAM PATEL, AFTER MARRIAGE KNOWN AS SMT. MUMTAJBANU W/O BASHASAB BAGAWAN, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14950 CRP No. 100097 of 2019 AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O: BAZAR PEATH, KHASBAG, BELAGAVI, NOW AT HOUSE NO.989, KALAIGAR GALLI, HOSUR, BELAGAVI-590 003. 4. SMT. NOORJAHAN D/O ALAM PATEL, AGE: 66 YEARS, OCC: HOUSEHOLD WORK, R/O: BAZAR PEATH, KHASBAG, BELAGAVI, NOW AT 1576, PRAKASH LOHAR, BUILDING, NAVI GALLI, SHAHAPUR, BELAGAVI-590 003. 5. SHRI. MOHAMMADGOUS NABISAB PATEL, SINCE DECEASED BY HIS LR’S., SMT. BIBANBI WD/O MOHAMMADGOUS PATEL, AGE: 85 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.3, BAZAR PETH, KHASBAG, BELAGAVI-590 004. SINCE DECEASED PETITIONER NO.1 AND 2 AND RESPONDENTS NO.4, 15, 16 AND 17 ARE THE LEGAL HEIRS OF RESPONDENT NO.5 THEY ARE ALREADY ON RECORD. 6. SMT. MAIRUNA W/O JAILANI BAGWAN, SINCE DECEASED BY HER LR’S., SHRI. NASEEMUDDIN S/O JAILANI BAGWAN, AGE: 48 YEARS, OCC: BUSINESS, R/O: H.NO.2322, JAMA MASJID ROAD, GHATPRABHA, MLLAPUR P.G., TQ: GOKAK, DIST: BELAGAVI-591 307. 7. SHRI. BASHIRUDDIN S/O JAILANI BAGWAN, AGE: 46 YEARS, OCC: BUSINESS, R/O: H.NO.2322, JAMA MASJID ROAD, GHATPRABHA, MLLAPUR P.G., TQ: GOKAK, DIST: BELAGAVI-591 307. - 3 - HC-KAR NC: 2025:KHC-D:14950 CRP No. 100097 of 2019 8. SHRI. SHAMSHUDDIN S/O JAILANI BAGWAN, AGE: 44 YEARS, OCC: BUSINESS, R/O: H.NO.2322, JAMA MASJID ROAD, GHATPRABHA, MLLAPUR P.G., TQ: GOKAK, DIST: BELAGAVI-591 307. 9. SHRI. AJUMUDDIN S/O JAILANI BAGWAN, AGE: 42 YEARS, OCC: BUSINESS, R/O: H.NO.2322, JAMA MASJID ROAD, GHATPRABHA, MLLAPUR P.G., TQ: GOKAK, DIST: BELAGAVI-591 307. 10. SHRI. MASTAN S/O JAILANI BAGWAN, AGE: 34 YEARS, OCC: BUSINESS, R/O: H.NO.2322, JAMA MASJID ROAD, GHATPRABHA, MALLAPUR P.G., TQ: GOKAK, DIST: BELAGAVI-591 307. 11. SMT. SHAINAZ W/O BASHIR SHAHAPURI, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O: KASAI GALLI, YAMAKANMARDI, TQ: HUKKERI, DIST: BELAGAVI-591 246. 12. SMT. FARZANA W/O RAJU BAGAWAN, AGE: 38 YEARS, OCC: HOUSEHOLD, R/O: H.NO.7/364, VETAL PETH, INCHALKARANJI, TQ: HATKANAGALE, DIST: BELAGAVI-416 115. 13. SMT. JABEEN W/O BASHIR NAVALGUNDKAR, AGE: 36 YEARS, OCC: HOUSEHOLD, R/O: 2ND CROSS, NIZAMUDDIN COLONY, DHARWAD, TQ. AND DIST: DHARWAD-580 001. 14. SMT. SHAYIDA W/O IQBAL AHAMED BAGWAN, AGE: 62 YEARS, OCC: HOUSEHOLD, R/O: H.NO.4248, JALAGAR GALLI, - 4 - HC-KAR NC: 2025:KHC-D:14950 CRP No. 100097 of 2019 BELAGAVI-590 003. 15. SMT. RAZIYA W/O ABDUL HASAN BAGWAN, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O: K.A. CHONCHE BUILDNG, 174/11, CCB-245, NEAR BASHEWAR CIRCLE, BHARAT NAGAR, KHASABAG, BELAGAVI-590 004. 16. SMT. SALIMA D/O MOHAMMADGOUS PATEL, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.3, BAZAR PETH, KHASABAG, BELAGAVI-590 004. 17. SMT. ZARINA W/O ABDUL MUTHALIN BAGAWAN, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: ROY ROAD, ARTHI APARTMENT, 3RD FLOOR, T-2, OPP. LELE GROUND, TILAKWADI, BELAGAVI-590 002. 18. SMT. KULSUMBI W/O ASAD PATEL, AGE: 75 YEARS, OCC: HOUSEHOLD WORK, R/O: BAZAR PETH, KHASBAG, BELAGAVI, NOW AT H.NO.27, BAZAR PETH, AT AND POST: TURKEWADI, TQ: CHANDGAD, DIST: KOLHAPUR-416 119. SINCE DECEASED RESPONDENT NO.19 AND 20 ARE THE LEGAL HEIRS OF RESPONDENT NO.18 THEY ARE ALREADY ON RECORD. 19. SHRI. ASLAM ASADSAB PATEL, AGE: 38 YEARS, OCC: BUSINESS, R/O: BAZAR PETH, KHASBAG, BELAGAVI, NOW AT H.NO.27, BAZAR PETH, AT AND POST: TURKEWADI, TQ: CHANDGAD, DIST: KOLHAPUR-416 119. - 5 - HC-KAR NC: 2025:KHC-D:14950 CRP No. 100097 of 2019 RESPONDENT NO.19 DEAD THERE IS NO ANY LEGAL HEIRS OF RESPONDENT NO.19. 20. KUMARI. SURAYYA D/O ASADSAB PATEL, AGE: 38 YEARS, OCC: BUSINESS, R/O: BAZAR PETH, KHASBAG, BELAGAVI, NOW AT H.NO.27, BAZAR PETH, AT AND POST: TURKEWADI, TQ: CHANDGAD, DIST: KOLHAPUR-416 119. 21. SHRI. KHATAL AHMED S/O ASADSAB PATEL, AGE: 74 YEARS, OCC: BUSINESS, R/O: H.NO.3, BAZAR PETH, KHASBAG, BELAGAVI-590 004. 22. SMT. RAJAMMA ALAMASAB PATEL, AGE: 90 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.3, BAZAR PETH, KHASBAG, BELAGAVI-590 004. 23. SMT. SHARFUNISSA W/O USMANSAB BIJAPURI, AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O: GAVALI GALLI, HIRE PETH OLD HUBBALLI, HUBBALLI, DIST: DHARWAD-580 020. … RESPONDENTS (BY SRI. VITTHAL S. TELI, ADVOCATE FOR R1 TO R4; NOTICE TO R5 TO R9 AND R13 ARE HELD SUFFICIENT; NOTICE TO R11, R12, R14, R20, R21 AND R23 ARE SERVED; NOTICE TO R10 AND R15 IS NOT REQUIRED AS PER ORDER DATED 02/09/2025; NOTICE TO R16, R17 AND R22 ARE DISPENSED WITH; V/O/DATED 24/10/2024, R19 AND R20 ARE LR’S OF R18; V/O/DATED 02/09/2025, R1, R2, R4, R15, R16 AND R17 ARE TREATED AS LR’S OF R5) THIS CRP IS FILED UNDER SECTION 115 OF CPC, PRAYS THAT THE RECORDS MAY BE CALLED FROM THE I ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BELAGAVI IN O.S. NO.834/2009 AND SET ASIDE THE FINDINGS ON ISSUE NO.4 AND 5 DATED 22.07.2019 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BELAGAVI, BY ALLOWING THIS REVISION PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. - 6 - HC-KAR NC: 2025:KHC-D:14950 CRP No. 100097 of 2019 THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 22.07.2019 in O.S.No.834/2009 on the file of I Additional Civil Judge, Belagavi. 2. In terms of the said order, the Court has held that the suit filed by the plaintiffs is within the pecuniary jurisdiction of the Court while answering Issue No.3 and 4, which are treated as preliminary issues. 3. Learned counsel appearing for the petitioners would contend that the plaintiffs have shown the valuation of the property as ₹18,00,000/- in the plaint as such, the suit filed in I Additional Civil Judge, Belagavi is not maintainable. 4. Learned counsel appearing for the plaintiffs/respondents would urge that the suit is filed for the relief of declaration that the document dated 21.01.2002 executed by the General Power of Attorney holder of defendant No.1 is null and void, and also for consequential relief of injunction. Thus, he would urge that the relief which is sought by the plaintiffs is to be valued for the purpose of payment of Court - 7 - HC-KAR NC: 2025:KHC-D:14950 CRP No. 100097 of 2019 fee and also for the purpose of payment of jurisdiction and thus would urge that the suit is before proper Court as the document which is sought to be declared as null and void is executed for ₹30,000/-. 5. This Court has considered the contentions raised at the Bar and perused the records. 6. The plaintiffs have filed the suit for the relief of declaration that the relinquishment deed executed by the plaintiffs No.1 to 3 and defendants No.2, 3, 4, 7 and 8 through General Power of Attorney in favour of defendant No.1 on 21.02.2002 is null and void. 7. The relief is valued at ₹1,000/- under Section 24(d) of the Karnataka Court Fees and Suit Valuation Act. Under the said provision, the value of the relief has to be provided and not the value of the property. The plaintiffs are entitled to value the relief as per their choice, but the rider is, it should not be less than ₹1,000/-. 8. Since the Court has noticed the fact that the plaintiffs claim that the document executed by the plaintiffs and some of - 8 - HC-KAR NC: 2025:KHC-D:14950 CRP No. 100097 of 2019 the defendants through their power of attorney in favour of defendant No.1 is null and void, practically, the suit is one for cancellation of the document dated 21.01.2002. In that event, the valuation shown in the document, which is said to be ₹30,000/- is the valuation for Court fee. In that event, the suit is before the Court, which has the jurisdiction to try this suit. Section 24(d) read with Section 50 of the Act. 9. Learned counsel for the respondents has also relied on the judgment of the Co-ordinate Bench of this Court in case of Jaware Gowda and another v. Basavaraju N.J. and others1 and Smt. Suguna and others v. Sunil Kumar Holla and others2. Ratio in those cases would apply to this case. 10. For the aforementioned reasons, this Court is of the view that the Court is justified in holding that it has the jurisdiction to try the suit. However, the valuation shown at ₹1,000/- is incorrect. The plaintiffs have to pay the Court fee on ₹30,000/-. Subject to payment of Court fee, the suit shall be proceeded further. 1 AIR 2016 KAR 58 2 AIR 2013 KAR 159 - 9 - HC-KAR NC: 2025:KHC-D:14950 CRP No. 100097 of 2019 11. Both parties shall co-operate for early disposal of the suit. 12. Civil Revision Petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 51