- 1 - HC-KAR NC: 2026:KHC:8156 WP No. 4038 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4038 OF 2026 (GM-CPC) BETWEEN: SRI. M. PREMANAND KAMATH S/O. LATE LEELADHAR KAMATH, AGED ABOUT 57 YEARS, R/AT NO.B-1402, PURVA VENEZIA APARTMENTS, NEAR MOTHER DAIRY, MAJOR UNNI KRISHNAN ROAD, YELAHANKA NEW TOWN, BENGALURU – 560 064 …PETITIONER (BY SRI. NARASIMHARAJU, ADVOCATE) AND: 1. MARGARET PALLAVI RABINATHAN @ PALLAVI DHUGAR D/O G. RABINATHAN AGED ABOUT 49 YEARS, R/AT NO.29, STEPHEN'S ROAD, FRAZER TOWN, BENGALURU – 560 005. 2. SRI D.T. CHANDRU, MANAGING DIRECTOR, M/S. SLV SHELTERS PVT. LIMITED COMPANY, REGISTERED OFFICE AT NO.8/1, EAST 'B' LINK ROAD, MALLESHWARAM, BENGALURU – 560 003. …RESPONDENTS (VIDE ORDER DATED 10.02.2026, NOTICE TO RESPONDENTS IS DISPENSED WITH) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8156 WP No. 4038 of 2026 THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF THE VI ADDL. CITY CIVIL AND SESSION JUDGE AT BENGALURU CITY (CCH-11) DTD 22.09.2025 IN OS NO.8586/2018 AS PER ANNEXURE – A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.8586/2018 is directed against the impugned order dated 22.09.2025 passed by the VI Additional City Civil and Sessions Judge, Bengaluru City (CCH-11) (for short “the Trial Court”), whereby the Trial Court came to the conclusion that the suit had not been properly valued and that the court fee paid was insufficient and consequently, directed the petitioner to file fresh valuation slip and pay ad valorem court fee on the market value of the suit schedule property. 2. Heard learned counsel for the petitioner and perused the material on record. 3. For the order proposed, issuance of notice to the respondents is dispensed with. - 3 - HC-KAR NC: 2026:KHC:8156 WP No. 4038 of 2026 4. A perusal of the material on record will indicate that in the aforesaid suit filed by the petitioner-plaintiff against the respondents-defendants for declaration, permanent injunction and other reliefs in relation to the suit schedule property, the Trial Court took up the issue of valuation and court fee before proceeding further in the matter, which is contrary to the principles laid down by the decision of the Hon’ble full Bench in the case of Venkatesh R. Desai Vs. Smt. Pushpa Hosamani & others – ILR 2018 KAR 5095. 5. In the instant case, it is an undisputed fact that the Trial Court is a Court of unlimited pecuniary jurisdiction and consequently, the impugned order deserves to be set aside and the matter may be remitted back to the Trial Court to proceed further, in accordance with law. 6. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 22.09.2025 passed in O.S.No.8586/2018 by the VI Addl. City Civil & - 4 - HC-KAR NC: 2026:KHC:8156 WP No. 4038 of 2026 Sessions Judge, Bengaluru City (CCH-11), is hereby set aside. (iii) The matter is remitted back to the Trial Court to proceed further and adjudicate upon all issues including the issue pertaining to valuation and Court fee at the time of final disposal of the suit and in accordance with law Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 26