IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF DECEMBER 2021

BEFORE

THE HON9BLE MR. JUSTICE B. M. SHYAM PRASAD

WRIT PETITION NO.5777/2018 (GM-CPC)

BETWEEN :

1 .

SMT. JAYAMMA

WIFE OF LATE K.BYLAPPA

AGED ABOUT 73 YEARS

R/AT MAYASANDRA VILLAGE

THIPPASANDRA HOBLI,

MAGADI TALUK.

2.

SMT. PREMA

WIFE OF HANUMANTHARAYAPLPA

AGED ABOUT 58 YEARS

R/AT DEVARAKERE (PULSANDRA),

MASKAL POST, GULUR HOBLI,

TUMKUR TALUK,

TUMKUR DISTRICT

3.

SRI. NARASIMHAMURTHY

SON OF LATE K. BYLAPPA

AGED ABOUT 47 YEARS

R/AT MAYASANDRA VILLAGE

THIPPASANDRA HOBI,

MAGADI TALUK

4.

SRI. ASHOKA

SON OF LATE K. BYLAPPA

AGED ABOUT 36 YEARS

R/AT MAYASANDRA VILLAGE

2

THIPPASANDRA HOBLI,

MAGADI TALUK

.... PETITIONERS

(BY SRI. P.M.GOPI, ADVOCATE FOR

SRI. P.M.SIDDAMALLAPPA, ADVOCATE)

AND :

1.

SRI BASAVARAJU

SON OF LATE K. BYLAPPA

AGED ABOUT 50 YEARS

R/AT MAYASANDRA VILLAGE

THIPPASANDRA HOBLI,

MAGADI TALUK.

2.

SRI. ANJANAMURTHY

SON OF ALTE K. BYLAPPA

AGED ABOUT 34 YEARS

R/AT MAYASANDRA VILALGE

THIPPASANDRA HOBLI,

MAGADI TALUK.

3.

SMT. MANJULA

WIFE OF HANUMANTHARAJU

AGED ABOUT 36 YEARS

R/AT JANATHA COLONY

MARALURU DINNE

BEHIND SERICULTURE FARM,

TUMKUR TOWN.

... RESPONDENTS

(BY SMT. SHREE VIDHYA, ADVOCATE FOR

SRI. T.N.VISHWANATH, ADVOCATE FOR R1 & R2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227

OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE

THE

ORDER

DATED

20.01.2017

PASSED

BY

THE

LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC,

MAGADI ON I.A.NO.III FILED UNDER ORDER VII RULE-

10(1) READ WITH SECTION 151 OF CIVIL PROCEDURE

3

CODE IN O.S.NO.451/2014 AS PER ANNEXURE-H; SET

ASIDE THE ORDER DATED 29.11.2017 PASSED BY THE

LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC,

MAGADI ON I.A.NO.IV FILED UNDER ORDER 14 RUL 5 OF

CODE OF CIVIL PROCEDURE IN O.S.NO.451/2014 AS PER

ANNEXURE-H AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN B GROUP, THIS DAY, THE COURT MADE THE

FOLLOWING:

O R D E R

The

petitioners

are

the

defendants

in

O.S.No.451/2014 on the file of the Additional Civil

Judge and JMFC, Magadi (for short, 'the civil Court').

The civil Court by the impugned order dated 29.11.2017

has rejected the petitioners' application (I.A.No.IV)

under Order XIV Rule 5 of the Code of Civil Procedure,

1908 (for short, 'CPC') on the ground that the

petitioners' application, for casting of Issue requiring

the petitioners to show that the civil Court has no

pecuniary jurisdiction to try the suit, is barred by res

judicata. The petitioners have also challenged the civil

Court's order on the petitioners' application (I.A.No.III)

4

under Order VII Rule 10 of CPC, but the learned

counsel for the petitioners submits that the petitioners

will not pursue the writ petition insofar as the civil

Court's order.

2.

The first and second respondents have filed

this suit in O.S.No.451/2014 for partition of different

immovable properties. The petitioners have contested

the suit contending inter alia that the value of the suit

schedule properties is more than Rs.2,00,00,000/-

(Rupees Two Crores Only) and therefore, the civil Court

does not have the jurisdiction to try the suit.

Thereafter, the petitioners have filed their application

under Order VII Rule 10(1) read with Section 151 of

CPC for returning the plaint to be produced before the

Court of proper jurisdiction. The civil Court by its order

dated 20.01.2017 has rejected this application.

5

3.

The petitioners in support of this application

under Order VII Rule 10(1) read with Section 151 of

CPC had relied upon a certain Certificate issued by the

Sub-Registrar, Magadi. The civil Court, after referring

to such Certificate, has observed that it did not relate to

the suit schedule lands and therefore, the valuation

mentioned therein cannot be accepted to hold that the

plaint should be returned under Order VII Rule 10(1) of

CPC. It is after this order, the peti