Writ petition under Article 227 challenging an order refusing refund of court fee in a suit was dismissed in default, no one appearing for the petitioner and no adjournment sought after a prior one.
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: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 20747 OF 2022 (GM-CPC)
BETWEEN:
SHRI. AZMATHULLAH KHAN S/O SHRI IBRAHIM KHAN AGED 41 YEARS R/O NO.17/1, H CROSS ROAD BISMILLA NAGAR BENGALURU - 560 029
…PETITIONER
(BY SRI. SHANMUKHAPPA, ADVOCATE)
AND:
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
BANGALORE - 560092
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
HC-KAR
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
R/AT NO.125, 3RD CROSS CENTRAL STREET, A T HALLI, SHANTHI NAGAR BANGALORE - 560 027
HC-KAR
HC-KAR
R/AT C/O M L SETHI NO.1927/5, 24TH CROSS MARUTHINAGAR
YELAHANKA, BANGALORE - 560 064.
S/O LATE MOHANLAL JANGID AGED ABOUT 62 YEARS R/AT NO.22, KODANDARAMAIAH BUILDING VI BLOCK, DODDABOMMASANDRA BANGALORE - 560 097.
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
M.C. LAYOUT VIJAYANAGAR BANGALORE - 560 040.
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
AGED ABOUT 33 YEARS R/AT NO.1/2 PVR ROAD RANGASINGHPET BANGALORE - 560 053.
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
DEVENDRAPALYA, YESHWANTHAPURA
BANGALORE - 5600454.
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
AGED ABOUT 44 YEARS R/AT NO.50, KHB GANDHINAGAR EXTN, YALAHANKA, BANGALORE - 560 064.
S/O LATE MUNIYAPPA AGED ABOUT 57 YEARS R/AT DANAL-UNOOSA-AL-HUMAN KENCHANAHALLI, YELAHANKAKA BANGALORE - 560 064.
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
AGED ABOUT 37 YEARS R/AT NO. 757/15, 7TH MAIN, 1ST STAGE, 1ST BLOCK BANASHANKARI SRINAGARA, BANGALORE - 560 056.
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
81. MR VEDIVEL
AGED ABOUT 44 YEARS S/O VEDI, R/AT NO.1, THIMMAIAH ROAD CROSS
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
BHARATHI NAGAR, BANGALORE - 560 001.
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
SAHAKARANAGARA
BANGALORE - 560 092.
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
AGED ABOUT 35 YEARS R/AT NO.85, MAIN ROAD ALLASANDRA GKVK POST BANGALORE - 560 065.
94. SRI RAGHAVENDRA
S/O P CHANDRASHEKAR AGED ABOUT 29 YEARS, R/AT NO.60, A SECTOR, AMRUTHANAGAR SAHAKARANAGAR POST BANGALORE - 560 092.
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
W/O SAYED AROON AGED ABOUT 31 YEARS R/AT NO.8, MASJID E AQSA ROAD D P BLOCK, MARAPPA GARDEN BANGALORE - 560 006 97. MR TUKARAM B CHARAN S/O BABU RAO CHARAN DAMRAIK AGED BOUT 51 YEARS R/AT C-13, ALL INDIA RADIO STAFF 4TH PHASE YELAHANKA BANGALORE - 560 071.
98. MR SARAVANA K
S/O KATHIR VELU AGED ABOUT 44 YEARS R/AT NO.31-1, VASANTHA NILAYAM 5TH A CROSS, 22ND MAIN, DODDANEKKUNDI, BANGALORE - 560 037.
99. MR ABDULLA
S/O MOHAMMED GOUSE AGED ABOUT 52 YEARS R/AT NO.69, GUVA GARDEN DEVARAJEEVANAHALLI A.C. POST BANGALORE - 560 045.
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
102. MR BHAWAR LAL
AGED ABOUT 39 YEARS, S/O SHERE RAM R/AT NO.8, 1ST MAIN ROAD, SARASWATHIPURAM NANDHINI LAYOUT BANGALORE - 560 096.
W/O SRI BINOD KUMAR AGED ABOUT 49 YEARS R/AT NO.30, MS LAYOUT OPP SAMBHARAM COLLEGE GATE VIDYARANYAPURA POST BANGALORE - 560 097.
104. MR HIMMAT RAM
AGED ABOUT 56 YEARS, S/O DEVARAM PATEL R/AT NO.28, E A T ROAD BASAVANAGUDI BANGALORE - 560 004.
105. MR SYED AZEEM
AGED ABOUT 45 YEARS, S/O LATE SYED BASHEER R/AT NO.143, THIMMAIAH ROAD BHARATHI NAGAR
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
BANGALORE - 560 003.
S/O LATE L H NAIK AGED ABOUT 59 YEARS, R/AT NO.47, 4TH CROSS, JUDICIAL OFFICER LAYOUT R M V 2ND STAGE SANJAYANAGAR BANGALORE - 560 094.
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
BANGALORE - 560 003.
W/O. LATE MARIYAPPA, AGED ABOUT 64 YEARS, R/AT NO. 10, 4TH CROSS, 11TH MAIN ROAD, VIJAYANAGAR, BANGALORE - 560 040.
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
11TH MAIN ROAD, VIJAYANAGAR,
BANGALORE - 560 040.
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
D/O. DEVENDRA PRATHAP SINGH,
AGED ABOUT 25 YEARS, R/AT 1ST CROSS, JAGAJYOTHI CABLE ROAD, S.R.S. BUILDING, BACK SIDE, SHANTHINAGAR,
TUMKUR - 572 102.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 20.02.2021 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT IN O.S.NO.10/2019 VIDE ANENXURE-A BY ALLOWING APPLICATION FILED U/S 151 OF CPC R/W SECTION 66 OF THE KARNATAKA COURT FEES AND SUITS VALUATION ACT, FOR REFUND OF THE COURT FEE AMOUNT OF RS.8,03,625/-.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU
NC: 2026:KHC:3543 WP No. 20747 of 2022
HC-KAR
ORAL ORDER
prosecution.
Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA
(TARA VITASTA GANJU) JUDGE
RJ
List No.: 1 Sl No.: 15 CT : BHK
SHRI AZMATHULLAH KHAN S/O SHRI IBRAHIM KHAN
SHRI MOHAMMED SALEEM S/O LATE MOHAMMED FAKHRUDDIN
MR KHALEEL S/O LATE SYED KADAR
MR SYED MARUFF S/O HAIDULLAL
MR MEHABOOB S S/O AHMED S
MR SALEEM PASHA S/O MR SABJAN (and 120 other respondents)
TARA VITASTA GANJU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
