Petitioners challenged a lower court order directing payment of court fees. The High Court disposed of the writ petition as infructuous since the underlying suit was already decided the same day.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 3869 OF 2018 (GM-CPC)
BETWEEN:
…PETITIONERS
[BY SRI. RAVISHANKAR S., ADVOCATE (PH)]
AND:
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
…RESPONDENTS
[BY SRI. BHOJEGOWDA T. KOLLER, AGA FOR R2 (PH); NOTICE TO R1 IS DISPENSED WITH V/O DATED 13.03.2020]
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 24.11.2017 VIDE ANNEXURE-B DIRECT THE PETITIONERS TO PAY COURT FEE ON THE MARKED VALUE OF THE PROPERTY UNDER SECTION 29 OF THE KARNATAKA COURT FEE AND SUIT VALUATION ACT PASSED BY THE XLIV ADDL. CITY CIVIL JUDGE AND SESSION
NC: 2023:KHC:19384 WP No. 3869 of 2018
JUDGE, BANGALORE (CCH-45) IN O.S.NO.5287 OF 2017 AND ALLOW THE SAME BY ALLOWING THE W.P. BY HOLDING THAT THE VALUATION MADE IS CORRECT AND THE COURT FEE PAID IS SUFFICIENT AND ETC.,
THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed for setting aside order dated 24.11.2017 vide Annexure-B passed by XLIV Addl. City Civil Judge & Sessions Judge, Bengaluru (CCH-45) in O.S.no.5287/2017 directing petitioners to pay Court fee on market value of property under Section 29 of Karnataka Court Fees and Suit Valuation Act etc.
Though, matter is listed today for dictating orders, learned counsel on both side submitted that O.S.no.5282/2017, out of which present writ petition arises, is disposed of on 07.03.2023, wherein plaintiff's suit is decreed, therefore petition does not survive for consideration.
In view of same, writ petition is disposed of, as having become infructuous.
Sd/JUDGE
Psg*
2 provisions across 2 enactments
MR. ABDUL SALAM AND ORS.
STATE OF KARNATAKA, DEPARTMENT OF REVENUE AND ANR.
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
