IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF AUGUST 2021

BEFORE

THE HON9BLE MR.JUSTICE ASHOK S. KINAGI

WRIT PETITION NO.57243 OF 2018 (GM-CPC)

BETWEEN:

RAMACHANDRA

S/O MAHABALAPPA KUSHENARA MANE,

AGED ABOUT 56 YEARS,

AGRICULTURIST,

R/O KYASANOORU VILLAGE, ULAVI HOBLI,

SORABA TALUK 3 577 429

SHIVAMOGGA DISTRICT

...PETITIONER

(BY SRI. UMESH MULIMANI, ADVOCATE FOR

SRI. S V PRAKASH, ADVOCATE)

AND:

1 .

MAHABALAPPA

S/O DYAVAPPA KUSHENARA MANE,

AGED ABOUT 78 YEARS

AGRICULTURIST

R/O KYASANOORU VILLAGE, ULAVI HOBLI,

SORABA TALUK- 577 429, SHIVAMOGGA DISTRICT.

2 .

NAGAMMA

W/O SHIVAPPA

AGED ABOUT 54 YEARS, AGRICULTURIST,

R/O BYREKOPPA VILLAGE, ULAVI HOBLI,

2

SORABA TALUK 3 577 429,

SHIVAMOGGA DISTRICT.

3 .

HEMAPPA

S/O MAHABALAPPA KUSHENARA MANE,

AGED ABOUT 52 YEARS,

AGRICULTURIST,

R/O KYASANOORU VILLAGE, ULAVI HOBLI,

SORABA TALUK- 577 429,

SHIVAMOGGA DISTRICT.

4 .

NAGARAJA

S/O MAHABALAPPA KUSHENARA MANE,

AGED ABOUT 48 YEARS,

AGRICULTURIST,

R/O KYASANOORU VILLAGE, ULAVI HOBLI,

SORABA TALUK- 577 429,

SHIVAMOGGA DISTRICT.

5 .

KERIYAMMA

W/O GANAPATHAYAPPA

AGED ABOUT 58 YEARS,

R/O BELURU VILLAGE,

KASABA HOBLI,

SAGARA TALUK 3 577 401,

SHIVAMOGGA DISTRICT.

6 .

AITHAL GANAPATHAYAPPA

S/O BADIYAPPA, AGED ABOUT 72 YEARS

R/O BELURU VILLAGE, KASABA HOBLI,

SAGARA TALUK 3 577 401,

SHIVAMOGGA DISTRICT.

7 .

VIRUPAKSHAPPA

S/O PARASAPPA

AGED ABOUT 62 YEARS

AGRICULTURIST

R/O CHANNAPURA VILLAGE,

3

KASABA HOBLI,

SORABA TALUK 3 577 429,

SHIVAMOGGA DISTRICT.

&RESPONDENTS

(BY SRI. R. GOPAL, ADV. FOR R3;

SRI. VISHWANATH R. HEGDE, ADV. FOR R5 & R6;

R1, R4 & R7 3 SERVED;

POSTAL TRACK SHEET OF R2 IS ACCEPTED VIDE

ORDER DATED 18.03.2021)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227

OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE

THE ORDER DATED 27.11.2018 PASSED BY THE COURT OF

SENIOR CIVIL JUDGE AND JMFC, SORABA DISMISSING

THE I.A.NO.29 IN O.S.NO.12/212 PRODUCED AS PER

ANNEXURE-M TO THE WRIT PETITION AND ALSO THE

ORDER DATED 27.11.2018 DIRECTING THE PETITIONER

TO FILE FRESH VALUATION SLIP BY VALUING THE SUIT

SCHEDULE PROPERTY AS PER THE SALE DEEDS DATED

09.1.2012 AND 13.12.2011 ON THE MARKET VALUE

SHOWN IN THE SALE DEEDS AND TO PAY AD VALOREM

COURT FEE ON THE RELIEF OF CANCELLATION OF SAID

SALE DEEDS IN O.S.NO.12/2012 PRODUCED AS PER

ANNEXURES-N TO THE WRIT PETITION AND ETC.

THIS WRIT PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 05.08.2021, COMING ON FOR

PRONOUNCEMENT THIS DAY, ASHOK S. KINAGI J, MADE

THE FOLLOWING:

O R D E R

This writ petition is filed challenging the order

dated 27.11.2018 passed on I.A.No.29 and the order

4

dated 13.12.2018, in O.S.No.12/2012 by the Senior

Civil Judge & JMFC, Soraba.

2. Brief facts leading to filing of this petition are

as under:

The petitioner filed a suit in O.S.No.12/2012 for

partition and separate possession. The respondents

filed a written statement. The petitioner filed an

application seeking for amendment of plaint seeking

for the relief of cancellation of sale deed. The said

application came to be allowed and the petitioner

carried out amendment. Thereafter, the respondents

filed an application in I.A.No.28 for framing additional

issues. The Trial Court allowed the said application

vide order dated 27.11.2018 and additional issue was

framed. The Trial Court directed the petitioner to file

a fresh valuation slip by valuing the suit properties as

per the sale deed dated 09.01.2012 and 13.12.2011

on the market value shown in the sale deed.

5

As per the order passed by the Trial Court,

petitioner filed a fresh valuation slip on 03.12.2018.

Respondent Nos.5 and 6 objected for the fresh

valuation slip contending that the petitioner has not

valued the suit properly as per the order passed by

the Trial Court. The Trial Court after hearing the

parties

has

passed

the

im