- 1 - HC-KAR CNR: KAHC010193802022 NC: 2026:KHC:37495 W.P. No.9886/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.9886/2022 (GM-CPC) BETWEEN: SMT. V. GOWRAMMA W/O LATE KESHAVA AGED ABOUT 61 YEARS D/O VENKATASWAMAPPA R/AT NO.29, GUNJUR VILLAGE GUNJUR POST BENGALURU 560087. …PETITIONER (BY SMT. SHAILAJA K, ADV., FOR SRI. LEELARAJU M.N. ADV.,) AND: 1. SRI. G.V. BASAVARAJU AGED ABOUT 63 YEARS S/O VENKATASWAMAPPA. 2. SRI. V. SRINIVAS S/O VENKATASWAMPPA AGED ABOUT 56 YEARS. 3. SRI. G.V. NARAYANAPPA S/O VENKATASWAMPPA AGED ABOUT 52 YEARS. R1 TO R3 ARE ALL R/AT GUNJUR VILLAGE, GUNJUR POST VARTHUR HOBLI BENGALURU 560087. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010193802022 NC: 2026:KHC:37495 W.P. No.9886/2022 4. SMT. S. PREMA D/O LATE G.V. JAYALAKSHMAMMA AGED ABOUT 46 YEARS R/AT NO.180, 9th CROSS ROAD BHUVANESHWARINAGARA DASRAHALLI MAIN ROAD HEBBAL KEMPAPURA BENGALURU 560 024. 5. SRI. S. NAGESH S/O LATE G.V. JAYALAKSHMAMMA AGED ABOUT 48 YEARS. 6. SRI. S. LOKESH S/O LATE G.V. JAYALAKSHMAMMA AGED ABOUT 44 YEARS. 7. S. PRASHANTH S/O LATE G.V. JAYALAKSHMAMMA AGED ABOUT 40 YEARS. R5 TO R7 ARE R/AT NO.98 SHARI MUNISHAMAPPA ROAD PARVATHIPURAM MAIN ROAD HOSKOTE TOWN BENGALURU RURAL DISTRICT BENGALURU 562114. …RESPONDENTS (BY SRI. SRIKAR KRISHNA, ADV., FOR SRI. SAMPATH A, ADV., FOR R1 & R2 R4 & R6 SERVED V/O/DTD:10.07.2026, NOTICE TO R3, R5 & 47 IS H/S) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 23.02.2022 PASSED IN O.S.NO.2141/2021 ON THE FILE OF LEARNED IV ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU VIDE ANNX-A. ACCEPT THE VALUATION SLIP DTD 19.01.2022 FILED BY THE PETITIONER IN O.S.NO.2141/2021 ON THE FILE OF LEARNED - 3 - HC-KAR CNR: KAHC010193802022 NC: 2026:KHC:37495 W.P. No.9886/2022 IV ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU VIDE ANNX-E & 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 23.02.2022 passed in O.S.No.2141/2021 by the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru (for short, ‘the trial Court’). 2. Heard Smt.Shailaja K., learned counsel for Sri.Leelaraju M.N., learned counsel for the petitioner and Sri.Srikar Krishna, learned counsel for Sri.Sampatah A., learned counsel for the respondent Nos.1 and 2 and perused the material available on record. 3. The petitioner-plaintiff has filed the suit in O.S.No.2141/2021 seeking partition of the suit schedule property and sought for 1/5th share in the suit schedule property i.e., item Nos.1 to 5. The plaintiff valued the suit - 4 - HC-KAR CNR: KAHC010193802022 NC: 2026:KHC:37495 W.P. No.9886/2022 and insofar as Item No.5 is concerned, it is valued at ₹2,16,00,129.62/- and out of the said total valuation, 1/5th value would be ₹43,20,025/- and paid the Court fee of ₹200/- under Section 35(2) of the Karnataka Court Fees and Suits Valuation Act, 1958 (for short, ‘the Act’). The trial Court under the impugned order observed that Item No.5 property, being the house site, required to be valued under Section 7(2)(d) of the Act and directed the plaintiff to pay the deficit Court fee in respect of suit Item No.5. 4. It is required to be noticed that plaintiff has sought the relief of partition with regard to five items of the suit schedule property; Item No.5, being the residential site and the petitioner-plaintiff has specifically pleaded in the plaint that after the death of late Sri.Venkataswamappa, the defendant Nos.1 to 7 and the plaintiff are managing the suit schedule properties and they are in joint possession. Considering the said averment in the plaint, I am of the considered view that - 5 - HC-KAR CNR: KAHC010193802022 NC: 2026:KHC:37495 W.P. No.9886/2022 the plaintiff has rightly assessed and valued the suit and paid the Court fee. Hence, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 23.02.2022 passed in O.S.No.2141/2021 by the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, is hereby set aside. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 37