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2026 DAILYLAW 567 (KAR)

SRI BHASKAR @ BABU v. SMT JAYANTHI

CRP/651/2023 · 2026-03-26

R Devdas

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:17277 CRP No. 651 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 651 OF 2023 (IO) BETWEEN: SRI BHASKAR @ BABU S/O KRISHNAPPA AND SUMITHRA AGED ABOUT 41 YEARS R/AT NO.10, 1ST CROSS 1ST MAIN, VISHVESHWARAYA ROAD BYATARAYANAPURA BENGALURU-560 092. …PETITIONER (BY SRI. YASHAS K., ADVOCATE) AND: 1. SMT. JAYANTHI W/O LATE J M CHANDRAPPA AGED ABOUT 53 YEARS R/AT NO.867, D BLOCK SAHAKARA NAGAR BENGALURU-571 105. 2. SMT. PUTTAMMA W/O LATE MUNISHAMAPPA (SINCE DEAD BY LR’S) 2(A) SRI J. M. RAJANNA S/O LATE MUNISWAMAPPA AGED ABOUT 65 YEARS. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17277 CRP No. 651 of 2023 2(B) SMT. SUMITHRA D/O LATE MUNISWAMAPPA W/O KRISHNAPPA AGED ABOUT 58 YEARS. 2(C) SMT. JAYASHREE D/O LATE PREMA W/O SHAMANNA D/O LATE MUNISWAMAPPA AGED ABOUT 40 YEARS SL.NO.2(A) TO 2(C) RESIDING AT NO. 10 1ST CROSS, 1ST MAIN VISHVESHWARAYA ROAD BYATARAYANAPURA BENGALURU- 560 092. 3. SMT. ROOPA D/O PRABHAVATHI D/O LATE J. M. CHANDRAPPA AGED ABOUT 29 YEARS. 4. SMT. PRABHAVATHI W/O LATE J. M. CHANDRAPPA AGED ABOUT 55 YEARS SL. NO. 3 & 4 R/AT NO.2165, D BLOCK CHANNAKESHAVA NILAYA SAHAKARA NAGAR BANGALORE-560 092. …RESPONDENTS (BY SRI. CHOKKAREDDY, ADVOCATE FOR R1; SRI. PRASANNA KUMAR S, ADVOCATE FOR R2(A TO C); SRI. SUYOG HERELE, ADVOCATE FOR R3 & R4) - 3 - HC-KAR NC: 2026:KHC:17277 CRP No. 651 of 2023 THIS CRP IS FILED UNDER SECTION 115 OF CPC, SET ASIDE THE ORDER DATED 26.08.2023 PASSED BY THE LEARNED PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU, ON THE APPLICATION (IA.NO.02) FILED BY THE PETITIONER/DEFENDANT NO.4 HEREIN IN O.S.NO.7328/2022 AND CONSEQUENTLY ALLOW THE SAID APPLICATION AS PRAYED FOR THEREIN AND DISMISS THE SUIT IN O.S.NO.7328/2022. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Counsel or the respondent No.1/plaintiff submits that the application filed by the petitioner/ defendant No.4 under Order VII Rule 11(c) read with Section 151 of CPC was disposed of by the Trial Court by the impugned order directing the plaintiff to calculate the Court Fee as per Section 38 of the Karnataka Court Fees and Suits Valuation Act and pay the same within a period of 30 days. Thereafter, a fresh valuation slip has been filed by the plaintiff and that has been challenged by the defendant and subsequently, the defendant has filed a writ petition before this Court in W.P.No.15298/2025. - 4 - HC-KAR NC: 2026:KHC:17277 CRP No. 651 of 2023 2. The learned Counsel further submits that the application filed under Order VII Rule 11(c) having been disposed of by the Trial Court with such a direction to the plaintiff to file a fresh valuation slip, and the plaintiff having filed the fresh valuation slip subsequently, all further proceedings pursuant to the impugned order have become infructuous. 3. There is substance in the submissions made by the learned Counsel for the respondent/plaintiff. 4. This Court is of the considered opinion that having regard to the express provisions contained in Order VII Rule 11(c) of CPC, such an application filed by the defendant having regard to the facts stated hereinabove could not have been entertained by the Trial Court. Nevertheless, since subsequently a direction has been issued by the Trial Court to the plaintiff to file a fresh valuation slip and the plaintiff has filed a fresh valuation slip, all further cause of action to raise a challenge to the order has come to an end. It is also a fact that the - 5 - HC-KAR NC: 2026:KHC:17277 CRP No. 651 of 2023 petitioner/defendant No.4 has filed a writ petition before this Court having regard to the subsequent developments. 5. In that view of the matter, the Civil Revision petition stands disposed of. 6. Pending Interlocutory Application(s), if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL List No.: 1 Sl No.: 30