- 1 - HC-KAR NC: 2026:KHC:19433 W.P. No.17750/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.17750/2022 (GM-CPC) BETWEEN: 1. SHRI. SUNIL KUMAR S/O LATE HANUMAPPA AGED ABOUT 21 YEARS. 2. KUMARI. SNEHA .H D/O LATE HANUMAPPA AGED ABOUT 19 YEARS. BOTH ARE R/AT. VEERENAHALLI VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE-560049. …PETITIONERS (BY SRI. NANJA REDDY P.N. ADV.,) AND: 1. SMT. PADMA R. MENON W/O MR. A.R.K. MENON AGED ABOUT 60 YEARS PROPRIETRIX M/S. SHREE GURUKRIPA CONSTRUCTION COMPANY (P) LTD, NO.1123, PADMARAGAM 14TH CROSS, INDIRANAGAR BANGALORE-560038. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19433 W.P. No.17750/2022 SHRI. PEETHAMBARAM SINCE DECEASED BY HIS LEGAL REPRESENTATIVE. 2. SMT. LEELA W/O LATE PEETHAMBARAM AGED ABOUT 60 YEARS R/AT NO.11/2, LONGFORD ROAD BANGALORE-560025. 3. SMT. SEETHA ALIAS SITA M.G. W/O SHRI. VISHWANATHA SINNA AGED ABOUT 75 YEARS SHANTHI NIVAS NEAR VIKASA HIGH SCHOOL RAMAMURTHY NAGAR BANGALORE-560043. 4. SHRI. VIJAYKUMAR YADAV S/O SHRI RAM AUTAR YADAV AGED ABOUT 55 YEARS R/AT NO.51, MARUTHI NAGAR MALLESHAPALYA, NEW THIPPASANDRA POST BANGALORE-560075. 5. SMT. AMMNI R.K. NAIR W/O LATE RADHAKRISHNAN NAIR AGED ABOUT 55 YEARS. 6. SMT. DEEPA NAIR D/O LATE RADHAKRISHNAN NAIR W/O SRI SREEKUMAR AGED ABOUT 38 YEARS. 7. SMT. DIVYA NAIR D/O LATE RADHAKRISHNAN NAIR AGED ABOUT 30 YEARS. RESPONDENT NOS.5 TO 7 ARE R/AT KRISHNA NILAYAM, 5TH CROSS VIJINAPURA, JUBILEE SCHOOL ROAD - 3 - HC-KAR NC: 2026:KHC:19433 W.P. No.17750/2022 DOORAVANINAGAR POST BANGALORE 560016. 8. SHRI. N. SIVADAS S/O GOPALAN NAIR E AGED ABOUT 50 YEARS R/AT 1ST FLOOR, MURUGAN STORE BUILDING UDAYANAGA MAIN ROAD DOORAVANINAGAR POST BANGALORE-560016. 9. MR. G. JOY S/O GEEVARGHESE AGED ABOUT 65 YEARS R/AT NO.178, 4TH MAIN 2ND CROSS VIVEKANAGAR LAYOUT BANGALORE 560047. 10. MR. DEEPAK MENON S/O MR. K.S. PILLAI AGED ABOUT 50 YEARS R/AT NO.B/4-BLACK MAINAD TOWERS, 14TH CROSS G.M.PALYA, BANGALORE-560075. 11. MR. MADHAVAN NAIR MANOJ KUMAR S/O MR. MADHAVANA NAIR AGED ABOUT 45 YEARS R/AT NO.IC, MAY FLOWER APARTMENT NORTH JANATHA ROAD, PALARI VATTOM ERNAKULAM, KERALA 682023. 12. MRS. MINI RAVIKUMAR D/O SRI. GOPALAN NAIR E W/O SRI. K.S. RAVI KUMAR AGED ABOUT 46 YEARS R/AT NO.9, AISWARIYA NILAYA RAMANJANAPPALAYOUT NARAYANAPURA, - 4 - HC-KAR NC: 2026:KHC:19433 W.P. No.17750/2022 DOORAVANI NAGAR BANGALORE-560016. …RESPONDENTS (BY SRI. YOGESH H, ADV., FOR SRI. V. SANJAY KRISHNA, ADV., FOR R2, R9, R10 & R12 R4 SERVED AND UNREPRESENTED V/O/DTD:03.02.2023, NOTICE TO R5 TO R7 IS H/S V/O/DTD:03.02.2023, NOTICE TO UNSERVED RESPONDENT IS WAIVED I.E., R1, R3, R8 & R11) - - - THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 02.07.2022 PASSED BY THE IV ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN O.S.NO.81/2014 AT ANNEXURE-A & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 18.06.2022 passed in O.S.No.81/2014 by the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, (for short 'the Trial Court'). 2. The petitioners have filed O.S.No.81/2014 for the relief of declaration and injunction. In the said suit, the Trial Court, after completion of the pleadings, framed - 5 - HC-KAR NC: 2026:KHC:19433 W.P. No.17750/2022 the issues on 24.02.2021. Issue No.5 which pertains to the lis on hand, reads as under: "Whether plaintiffs prove that, they have properly valued the suit and paid proper court fee?" 3. The Trial Court, subsequent to framing of the issues, has suo motu come to the conclusion that the plaintiffs should seek cancellation of the sale deed of their father who was the executant and accordingly, they have to pay the Court fee on the market value. Though the plaintiffs were not parties to the sale deed or executants to the sale deed, but since they are claiming through their father, they are bound to pay the Court fee on the market value as on the date of filing of the suit. Being aggrieved, the present petition is filed. 4. I have heard Sri.P.N.Nanja Reddy, learned counsel for the petitioners, Sri.Yogesh H., learned counsel appearing for Sri.V.Sanjay Krishna, learned counsel for the respondent Nos.2, 9, 10 and 12 and meticulously perused the material available on record. - 6 - HC-KAR NC: 2026:KHC:19433 W.P. No.17750/2022 5. It is to be noticed that the Trial Court has framed a specific issue i.e. issue No.5 with regard to the Court fee and it is submitted at the Bar that now the arguments are advanced by the parties and the Trial Court has to pass the judgment. However, it is not proceeding to pass the judgment in view of the pendency of this proceeding. 6. It is to be noticed that the Full bench of this Court in the case of VENKATESH R.DESAI Vs. SMT. PUSHPA HOSMANI AND OTHERS1 has held that the issue with regard to the Court fee is required to be tried along with the other issues. Keeping in mind the aforesaid enunciation of law, I am of the considered view that the Trial Court has already framed the issue with regard to the Court fee and the evidence is recorded and the same issue is required to be answered by the Trial Court while 1 ILR 2018 KAR 5095 - 7 - HC-KAR NC: 2026:KHC:19433 W.P. No.17750/2022 answering the other issues on merits. In view of the aforesaid finding, I proceed to pass the following: ORDER The writ petition is allowed. The impugned order of the Trial Court dated 18.06.2022 is set aside. The Trial Court is directed to dispose of the suit on merits and in accordance with law by also considering the issue No.5 along with other issues. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 2 Sl No.: 7