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KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SMT JAYANTHI NAGARAJAN – Appellant
Versus
SHRI P SRINIVAS – Respondent
WP 33183/2016
WP NO.33183 OF 2016
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2021
BEFORE
THE HON9BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.33183 OF 2016 (GM-CPC)
BETWEEN:
SMT. JAYANTHI NAGARAJAN
W/O SRI. GURUDATTA.K.S
AGED ABOUT 47 YEARS
R/A 78, GOLDEN SQ
WOODSBRIDGE
NEW JERSEY 07095, USA
...PETITIONER
(BY SRI. ARAVIND M. NEGLUR, ADVOCATE)
AND:
1 . SHRI. P. SRINIVAS
S/O LATE PRATHAP SINGH
AGED ABOUT 39 YEARS
R/A 1132, 2ND FLOOR
ABBIGERE MAIN ROAD
K.G. HALLI, JALAHALLI (WEST)
BENGALURU-560015
2 . SHRI. S. SESHADRI
S/O A. SEETARAMA IYER
AGED ABOUT 53 YEARS
R/A NO.4/58, 9TH CROSS
SWIMMING POOL EXTENSION
MALLESWARAM, BENGALURU-560003
3 . SMT. A. RAJA LAKSHMI
D/O A. SEETHARAMA IYER
AGED ABOUT 58 YEARS
C/O SMT. JAYANTHI NAGARAJAN
R/A 78, GOLDEN SQ
WOODSBRIDGE
NEW JERSEY 07095, USA
WP NO.33183 OF 2016
2
4 . SHRI. K.S. SATYA NARAYANA
S/O LATE K.S. ADHIKARI
AGED ABOUT 47 YEARS
R/A NO.57, 1ST FLOOR
SRIKANTESWARA KRUPA
4TH CROSS, 2ND MAIN
A.G.B. 2ND STAGE
MAHALAKSHMIPURAM
BENGALURU-560086
5 . SHRI. T. S LAKSHMANA
S/O LATE SRAGANGA PANI
AGED ABOUT 57 YEARS
R/A NO.5, 9TH CROSS
SWIMMING POOL EXTENSION
MALLESWARAM, BENGALURU-560003
6 . SHRI. ANAND HONNAVAR
FATHER9S NAME NOT KNOWN
AGED ABOUT 33 YEARS
R/A NO.4/58, 9TH CROSS
SWIMMING POOL EXTENSION
MALLESWARAM, BENGALURU-560003
&RESPONDENTS
(BY SRI. K. VIJAY KUMAR, ADVOCATE FOR R1;
R2 TO R6: NOTICE IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO EXAMINE
THE LEGALITY AND CORRECTNESS OF THE ORDER DATED
13.04.2016 PASSED BY THE III ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU ON PRELIMINARY ISSUE NO.3
AND SET ASIDE THE ORDER DATED 13.04.2016 PASSED IN
O.S.NO.4701/2013 BY THE III ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU ON PRELIMINARY ISSUE
NO.3, WHICH IS AT ANNEXURE-F CONSEQUENTLY ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING
IN
B
GROUP,
THIS
DAY,
THROUGH
VIDEO
CONFERENCE THE COURT MADE THE FOLLOWING:
WP NO.33183 OF 2016
3
ORDER
1.
The petitioner is before this Court seeking for
setting aside the order dated 13.04.2016 passed
in O.S.No.4701/2013 by the III Additional City
Civil and Sessions Judge at Bengaluru on
preliminary issue No.3.
2.
The suit in O.S.No.4701/2013 had been filed by
respondent No.1 herein seeking for the following
reliefs:
2.1.
<Declaring that the Plaintiff is the absolute
owner of the suit schedule premises.
2.2.
Declaring that the Plaintiff is entitled to vacant
possession of the suit schedule premises to quit
and deliver the vacant possession of the same.
2.3.
A permanent injunction restraining Defendants,
their agents and anybody whomsoever employed
by them from alienating/disposing of the suit
schedule premises in any manner of conveyance
known to law.
2.4.
To grant such other relief/s as this Hon9ble Court
may deem fit to grant in the circumstances of
the case in the interest of justice.=
3.
Upon pleading being completed, the trial Court
has framed the following issues:
WP NO.33183 OF 2016
4
3.1.
<Whether the Plaintiff proves that Will dated
18.04.2001 was got registered forcibly and by
playing fraud on the testator?
3.2.
Whether the Plaintiff proves that Will dated
25.03.2003 is the genuine and last Will of the
testator?
3.3.
Whether the defendant No.1 to 3 prove that
court fee paid on the plaint is insufficient?
3.4.
Whether the Plaintiff is entitled for the reliefs as
prayed for?
3.5.
What order or decree?=
4.
Issue No.3 is one related to court fee. The
defendant No.3 therein is the petitioner herein
had sought for the said issue to be taken up as a
preliminary issue.
5.
Accepting the said request, the trial Court heard
the
matter
and
passed
an
order
on
the
preliminary issue vide its order dated 13.04.2016
by rejecting objection to the Court fee paid and
answering issue No.3 in the n
