The High Court dismissed a writ petition challenging an order refusing to transfer a suit for declaration and possession. The Court held that Section 17 CPC permits filing in any court where a portion of the property is situated, provided it has pecuniary jurisdiction, and does not require filing only where the highest valued property is located.
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.
NC: 2024:KHC:34997 WP No. 23684 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 23684 OF 2024 (GM-CPC)
BETWEEN:
SRI. LOKESH S/O BALARAM, AGED ABOUT 46 YEARS, R/AT HOUSE NO. 340, SITE NO. 006 SWAMY NIVASA, POLICE EXTENSION, KACHANAYAKANAHALLI DINNE, HENNAGARA POST, JIGANE HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT.
…PETITIONER
(BY SRI. SOMASEKHAR NAIDU B., ADVOCATE)
AND:
Digitally signed by JUANITA THEJESWINI SRI. DINAKARAN. D Location: HIGH S/O LATE S DAVID MESHACH, COURT OF KARNATAKA AGED ABOUT 34 YEARS, R/AT WARD NO.09, 5TH CROSS, RAKSHANAPURAM, RAVINDRA NAGARA, HASSAN-573201.
…RESPONDENT
(BY SRI.P.S.MOHAN., ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER IMPUGNED ORDERS DTD. 10.06.2024
PASSED BY THE LEARNED II ADDITIONAL SENIOR CIVIL JUDGE AT HASSAN ON IA NO. III IN O.S.NO. 67/2023 VIDE ANNX-A AND DIRECTION TO ALLOW THE SAID IA NO. III DTD. 28.03.2023 FILED BY THE PETITIONER UNDER SECTION 17 R/W 151 OF CPC AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Learned counsel Sri P.S.Mohan, has entered
appearance for the respondents.
that two of the suit schedule properties are situated within the jurisdiction of Anekal court and those two properties
have got the highest value. The Trial Court having regard to the provisions contained in Section 17 has held that admittedly one of the properties in the suit schedule properties is situated at Hassan within the territorial jurisdiction of the court and therefore the court will have territorial jurisdiction to consider the suit and has dismissed the application.
court. This according to the learned counsel for the petitioner/defendant would mean that the court has to take into consideration the value of the suit schedule
NC: 2024:KHC:34997 WP No. 23684 of 2024
properties if the immoveable properties are situated within the jurisdiction of different courts and suit should be permitted to be filed only before the court within whose jurisdiction the property of highest value is situated.
be permissible for the party to file a suit in any of the courts where atleast one of the suit schedule properties is situated, nevertheless such court should have the cognizibility in terms of the pecuniary jurisdiction to consider the claim made in the suit. Having regard to such provisions this court finds that the suit has been filed before the learned Senior Civil Judge who is empowered to
NC: 2024:KHC:34997 WP No. 23684 of 2024
consider all claims where the valuation of the suit is more than 5 lakhs.
find any infirmity in the impugned order. Accordingly, the writ petition stands dismissed .
Sd/(R DEVDAS) JUDGE
KLY CT: JL
1 issue framed by the court
Whether Section 17 CPC mandates transfer of a suit regarding immovable properties in different jurisdictions to the court where the property of highest value is situated?
2 provisions across 2 enactments
Lokesh S/o Balaram
Dinakaran S/o Late S David Meshach
R Devdas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
