- 1 - HC-KAR CNR: KAHC010089672018 NC: 2026:KHC:44380 W.P. No.28565/2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.28565/2018 (GM-CPC) BETWEEN: 1. SRI. M.B. RAMACHANDRAN S/O LATE BYRAPPA AGED ABOUT 85 YEARS SINCE DEAD BY LR’S. 1(a) SMT. M. HEMALATHA W/O LATE M.B. RAMCHANDRAN AGED ABOUT 74 YEARS R/AT. NO.55, NANDIDURGA ROAD BENGALURU-560046. 1(b) SRI. R. PRAVEEN S/O LATE M.B. RAMACHANDRAN AGED ABOUT 52 YEARS R/AT. NO.55 NANDIDURGA ROAD BENGALURU-560046. 1(c) SMT. PAVITHRA R D/O LATE M.B. RAMACHANDRAN W/O Y. SURENDRA AGED ABOUT 55 YEARS R/AT. NO.55, NANDIDURGA ROAD BENGALURU-560046. ALSO AT : NO.33, 13TH CROSS AECS LAYOUT, SANJAY NAGAR BENGALURU-560094. 1(d) SMT. PALLAVI R D/O LATE M.B. RAMACHANDRAN Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010089672018 NC: 2026:KHC:44380 W.P. No.28565/2018 AGED ABOUT 50 YEARS R/AT. NO.55, NANDIDURGA ROAD BENGALURU-560046. …PETITIONERS (BY SRI. H.R. ANANTHA KRISHNA MURTHY, ADV., FOR PROPOSED LR’S OF PETITIONER) AND: 1. SRI. B.M. VENKATAREDDY S/O LATE B.A. MUNISHAMAIAH GRAND SON OF LATE APPAYANNA AGED ABOUT 55 YEARS R/AT MELUR SIDLAGATTA TALUK CHIKKABALLAPURA TALUK CHIKKABALLAPURA TALUK-562101. 2. SRI. B.M. RAMACHANDRA REDDY S/O LATE B.A. MUNISHAMAIAH GRAND SON OF LATE APPAYANNA AGED ABOUT 59 YEARS R/AT BANNIKUPPA VILLAGE, NANDI HOBLI CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT-562101. R1 & R2 WERE REP.BY THEIR GPA HOLDER SRI. R.N. GANGADARAIAH S/O LATE K.V. NARASIMHAIAH AGED ABOUT 63 YEARS R/AT NO.48/6, MUNIMARAPPA ROAD CROSS MARAPPA GARDEN, BENGALURU-560046. 3 3(a) SRI. K. VENKATESHALU S/O KRISHNAPPA SINCE DECEASED BY LR’S. SRI. V. RAMAMURTHY S/O LATE VENKATESHALU AGED ABOUT 55 YEARS R/AT PEMMEGOWDA ROAD - 3 - HC-KAR CNR: KAHC010089672018 NC: 2026:KHC:44380 W.P. No.28565/2018 MUNIREDDYPALYA BENGALURU-560046. 4. 4(a) SRI. ABDUL MALI S/O LATE ABDUL RAZIA SINCE DECEASED BY LR’S. SMT. HAJIRA BEGUM W/O ABDUL MALIK, MAJOR. 4(b) SRI. NAVID S/O ABDUL MALIK, MAJOR. 4(c) SRI. MUNEER S/O ABDUL MALIK, MAJOR. 4(d) SRI. ANWAR AHMED S/O ABDUL MALIK, MAJOR. 4(e) SMT. SAJIDA BEGUM D/O ABDUL MALIK, MAJOR. 4(f) SMT. WAHEDA BEGUM D/O ABDUL MALIK, MAJOR. 4(a) TO 4(f) ARE ALL R/AT SADO ROAD MYSORE. 5. SMT. KOUSALYA W/O T.K. SHANKARAPPA AGED ABOUT 59 YEARS R/AT NO.3 ACHUTHA MOODALIYAR ROAD FRAZER TOWN BANGLORE-560005. 6. HARIZANA HUT DWEELLERS SANGHA SECRETARY/PRESIDENT MAJARE RAMASWAMY - 4 - HC-KAR CNR: KAHC010089672018 NC: 2026:KHC:44380 W.P. No.28565/2018 MM ROAD, MARAPPA GARDEN BANGALORE-560 046. 7. 7(a) SRI. SRINIVASA MURTHY S/O RAMAKRISHNAPPA SINCE DECEASED BY LR’S. SMT. LAKSHMI S. MURTHY W/O LATE R. SRINIVASA MURTHY AGED ABOUT 63 YEARS. 7(b) SRI. HARI PRASAD S/O LATE R. SRINIVAS MURTHY AGED ABOUT 40 YEARS. 7(c) SMT. HAMSAVENI D/O LATE R. SRINIVASA MURTHY AGED ABOUT 41 YEARS. 7(d) SMT. MEENAKSHI D/O LATE R. SRINIVASA MURTHY AGED ABOUT 33 YEARS. 7(a) TO 7(d) ARE R/AT NO.18 LAZER ROAD, FRAZER TOWN BANGALORE-560 005. 8. SRI. HANUMANTHARAJU R S/O LATE B.S. RAMAKRISHNAPPA AGED ABOUT 70 YEARS R/AT NO.74, 1ST PHASE, 10TH CROSS JP NAGAR, BANGALORE-560078. 9. SRI. M.B. BHARATH KUMAR S/O LATE BALACHJANDRAN AGED ABOUT 70 YEARS R/AT NO.3/2, 11TH CROSS ISRO LAYOUT BANGALORES-560078. - 5 - HC-KAR CNR: KAHC010089672018 NC: 2026:KHC:44380 W.P. No.28565/2018 10. SRI. D. ANNAMALI S/O LATE DORESWAMY CHETTIYAR AGED ABOUT 79 YEARS R/AT NO.28, MECCON ROAD C & M STATION, BANGALORE-560004. 11. MR. INDU MODI W/O JUGAL KISHORE MODI AGED ABOUT 67 YEARS R/AT C9/15, DLF PHASE 1 GURGAON 122 002 REP BY GPA HOLDER MRS. SHRUTI KAURA W/O ADITYA KAURA AGED ABOUT 41 YEARS R/AT NO.296, 100 FEET ROAD 1ST STAGE, INDIRANAGARA BANGALORE-560038. 12. SRI. ADITYA KAURA S/O R.N. KAURA AGED ABOUT 42 YEARS R/AT NO.296, 100 FEET ROAD 1ST STAGE, INDIRANAGAR BANGALORE-560038. 13. SMT. SHRUTI KAURA W/O ADITYA KAURA AGED ABOUT 41 YEARS R/AT NO.296, 100 FEET ROAD 1ST STAGE, INDIRANAGARA BANGALORE-560038. 14. MR. VINAY RAI S/O DEVADAS RAI AGED ABOUT 37 YEARS. 15. MRS. SUDHA RAI W/O DEVADAS RAI AGED ABOUT 64 YEARS. - 6 - HC-KAR CNR: KAHC010089672018 NC: 2026:KHC:44380 W.P. No.28565/2018 R-14 & R-15 ARE R/AT NO.4/3 SAUNDER ROAD LAYOUT NEAR COLES PARK BANGALORE-560005. 16. MS. DEEPA KAMATH D/O AMARNATH KAMATH AGED ABOUT 42 YEARS R/AT NO.205, PHASE 1 PALM MEADOWS, WHITEFIELD BANGALORE-560066. 17. PARASNATH DEALERS P LTD REP BY ITS DIRECTOR ARUN NAHATA, OFFICE AT P-10 NEW HOWRAH BRIDGE APPROACH ROAD AMAR BHAWAN 2ND FLOOR KOLKATA-700 001. 18. SRI. VIKRAM REDDY S/O RAMAKRISHNA NARAYANA REDDY AGED ABOUT 60 YEARS REP BY GPA HOLDER VIVEK REDDY S/O RAMAKRISHNA NARAYANA REDDY R/AT NO.31/6, LOYOLA LAYOUT VICTORIA ROAD BANGALORE-560047. 19. SRI. VIVEK REDDY S/O RAMAKRISHNA NARAYANA REDDY AGED ABOUT 56 YEARS R/AT NO.31/6, LOYOLA LAYOUT VICTORA ROAD BANGALORE-560 047. …RESPONDENTS (BY SRI. HANUMANTHARAYA D, ADV., FOR R1 & R2 SMT. APARNA MEHRU, ADV., FOR SRI. NAVEEN CHANDRA V, ADV., FOR R11 TO R13 SRI. SUDARSHAN S, ADV., FOR R3, R4(b) & R5, R9 - 7 - HC-KAR CNR: KAHC010089672018 NC: 2026:KHC:44380 W.P. No.28565/2018 R7 (a), R7(b), R7(c), R7(d), R14, R15, R17, R10 ARE SERVED V/O/DTD:31.07.2026, NOTICE TO R4(a), R4(c), R4(d), R4(e), R4(f), R6, R8, R16, R18 & R19 IS D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-F THE IMPUGNED ORDER PASED BY THE ADDITIONAL CITY CIVIL JUDGE, BENGALURU, DEFERRING THE HEARING ON I.A.NO.6 IN O.S.NO.3563/2014 DATED 12.10.2017 & 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 petition is filed challenging the order dated 12.10.2017 passed in OS.No.3563/2014 by the Additional City Civil Judge, Bengaluru (for short ‘the trial Court’). 2. Heard Sri.H.R.Anantha Krishna Murthy, learned counsel for the petitioners, Sri.Hanumantharaja D., learned counsel for respondent Nos.1 and 2, Sri.Sudarshan S., learned counsel for respondent No.3, 4(b), 5 and 9, Smt.Aparna Mehru, learned counsel for Sri.Naveen Chandra V., learned counsel for respondent Nos.11 to 13 and meticulously perused the material available on record. - 8 - HC-KAR CNR: KAHC010089672018 NC: 2026:KHC:44380 W.P. No.28565/2018 3. The respondent Nos.1 and 2 filed a suit in OS.No.3563/2014 seeking the relief of declaration that the plaintiffs are the absolute owners of the entire ‘A’ schedule property by virtue of the sale deed dated 17.07.1946 and a consequential declaration that the sale deeds executed in favour of the defendants in respect of the suit schedule property are null and void and the same are not binding on the plaintiffs. The plaintiffs have referred to as many as 11 sale deeds and have also sought the reliefs of possession and permanent injunction. In the said suit, defendant No.1 filed two applications, one under Order VII Rule 11(c) read with Section 151 of the Code of Civil Procedure, 1908 (for short ‘CPC’), seeking a direction to the plaintiffs to pay the Court fee as per the guidelines value and if they do not pay the Court fee, the plaint may be rejected and an application under Section 11 of the Karnataka Court Fees and Suits Valuation Act, 1958, seeking direction to treat the payment of Court fee as a preliminary issue and determine the same. The trial Court, - 9 - HC-KAR CNR: KAHC010089672018 NC: 2026:KHC:44380 W.P. No.28565/2018 under the impugned order kept the said applications in abeyance till completion of the cross-examination of the plaintiffs and solely on the ground that issues has been framed. 4. It is to be noticed that when the petitioner/defendant No.1 is specifically contending that the relief sought in the plaint is for declaration that the sale deeds are not binding on the plaintiffs, plaintiffs are liable to pay the Court fee as per the guidance value issued by the government with regard to the sale deeds in question. In my considered view the trial Court has committed an error in deferring the consideration of the aforesaid applications. Hence, it would be appropriate to direct the trial Court to frame an additional issue with regard to Court fee and try the same along with the other issues, as defendant No.1 is specifically contending that the plaintiffs are liable to pay Court fee on the documents - 10 - HC-KAR CNR: KAHC010089672018 NC: 2026:KHC:44380 W.P. No.28565/2018 sought to be declared as not binding as per the market value/guidance value issued by the State Government. 5. It would be useful to refer to the decision of the Full Bench of this Court in the case of Venkatesh R. Desai v. Smt.Pushpa Hosmani and Others1. The Full Bench of this Court has held that when an issue of valuation or Court fees is raised in a Civil suit on the objection of the defendant, the same is not invariably required to be tried as a preliminary issue before taking evidence on other issues; but could be tried as a preliminary issue if it relates to the jurisdiction and the trial Court is of the view that the suit or any part thereof could be disposed of on its determination. 6. The aforesaid enunciation of law makes it clear that the question of Court fee can be considered as an issue and tried along with the other issues. Accordingly, the applications filed by the petitioner/defendant No.1 in 1 ILR 2018 KAR 5095 - 11 - HC-KAR CNR: KAHC010089672018 NC: 2026:KHC:44380 W.P. No.28565/2018 IA.Nos.6 and 7 are disposed of by directing the trial Court to frame an additional issue with regard to the Court fee and try the said issue along with the other issues in the suit. Accordingly, the writ petition is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 16