B P Ponnappa Vs Smt Anitha B P

SMT. ANITHA B. P. D/O B. P. POONNAPPA, AGED 46 YEARS, R/AT BAGGANA MANE, NO.120, THALTHARE, SHETAHALLI VILLAGE, SOMWARPET TALUK, KODAGU DISTRICT – 571 236

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ALSO ORDINARILY R/AT NO.222 2^ND CROSS ROAD,

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NC: 2026:KHC:6768 WP No. 28955 of 2024

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HC-KAR

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K. A. S. OFFICERS COLONY, STAGE 2 BTM LAYOUT, BENNGALURU – 560 068

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…RESPONDENT

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(BY SRI. RAVI R., ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF PRAYING TO QUASH THE IMPUGNED ORDER DTD. 02.09.2024 PASSED ON I.A.NO. IV PASSED IN O.S.NO. 79/2022 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC SOMVARPET (PRODUCED VIDE ANNX-A) TO THE WRIT PETITION AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioners seek the following reliefs:

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“(i) Issue a Writ of Certiorari and quash the impugned order dated 02.09.2024 passed on I.A.No.IV passed in O.S.No.79/2022 pending on the file of the Principal Civil Judge and JMFC, Somvarpet (produced vide Annexure‘A’ to the writ petition and.

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(ii) Issue a writ of certiorari and quash the impugned orders dated 19.09.2024 and 14.10.2024 passed in O.S.No.79/2022 pending on the file of the Principal Civil Judge and JMFC, Somvarpet (produced vide Annexure ‘A’) to the writ petition and,

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(iii) Issue such other Writ, Order or Direction as deemed fit in the circumstances of the case.”

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NC: 2026:KHC:6768 WP No. 28955 of 2024

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HC-KAR

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Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.

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The present petition arises out of a suit in O.S.No.79/2022 filed by the respondent-plaintiff against the petitioners-defendants for partition and separate possession of their alleged share in the suit schedule immovable properties and for other reliefs. The said suit is being contested by the petitionersdefendants. During the pendency of the suit, the petitionersdefendants filed two application viz., I.A.No.3 under Order 14 Rule 2 r/w. Section 151 CPC and Section 11(2) of the Karnataka Court fee and Suits Valuation act, 1958, to treat the issue regarding pecuniary jurisdiction as a preliminary issue and I.A.No.4 under Order VI Rule 16 to strike out certain portion of the pleadings of the plaintiff. By the impugned order the Trial Court allowed I.A.No.3 and dismissed I.A.No.4, aggrieved by which the petitioners are before this Court by way of the present petition.

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A perusal of the impugned order and the material on record will indicate that in so far as it relates to rejecting IA No. 4 filed by the petitioner under Order VI Rule 16 is concerned, the Trial Court has taken into account the pleadings of the petitioners

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NC: 2026:KHC:6768 WP No. 28955 of 2024

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HC-KAR

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and has come to the correct conclusion that in the facts and circumstances of incident case, the question of invoking Order VI Rule 16 CPC and striking out the pleadings of the plaintiff would not arise. In my considered opinion that the impugned order passed by the Trial Court dismissing I.A.No.4 filed by the petitioners Under Order VI Rule 16 CPC cannot be said to suffer from any illegality or infirmity and the impugned order dismissing I.A.No.4 is hereby confirmed.

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Insofar as the contention of the petitioners that the Civil Court (Junior Division) did not have pecuniary jurisdiction to entertain and adjudicate upon the suit is concerned, learned counsel for the respondent-plaintiff fairly concedes/submits that the value of the subject matter of the suit before the Trial Court is in excess of Rs.5 Lakhs as contemplated under Section 17 of the Karnataka Civil Courts Act. Under these circumstances, with the consent of both sides, I deem it just and appropriate to invoke my power/jurisdiction under Article 227 of the Constitution of India read with Section 24 CPC and withdraw the suit in O.S.No.79/2022

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pending on the file of the Principal Civil Judge and JMFC, Somwarpet, to be withdrawn from the said court and transferred to

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NC: 2026:KHC:6768 WP No. 28955 of 2024

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HC-KAR

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the court of the Senior Civil Judge, Somwarpet for disposal in accordance with law.

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In the result, I pass the following:

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ORDER

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(i) The petition is hereby disposed of.

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(ii) The impugned order passed by the Trial Court dismissing I.A.No.4 filed the petitioners is hereby confirmed.

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(iii) The impugned order in so far as it relates to allowing I.A.No. 3 and treating issue No. 2 relating to valuation and court fee as a preliminary issue is hereby modified by directing that the suit in O.S.No.79/2022 shall stand withdrawn from the court of the Principal Civil Judge and JMFC, Somwarpet and shall stand transferred to the court of the Senior Civil Judge, Somwarpet, for disposal in accordance with law.

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(iv) Registry of the Trial Court is directed to take necessary steps to transfer O.S.No.79/2022 from

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NC: 2026:KHC:6768 WP No. 28955 of 2024

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HC-KAR

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Principal Civil Judge and JMFC, Somwarpet to the Senior Civil Judge, Somwarpet, for disposal in accordance with law.

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(v) Parties are directed to appear before the Senior Civil Judge. Parties are directed to appear before the Senior Civil Judge, Somwarpet on 16.02.2026 without awaiting further notice from the Trial Court.

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(vi) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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BMC

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List No.: 1 Sl No.: 14

B P Ponnappa v. Smt Anitha B P

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B P Ponnappa v. Smt Anitha B P

Case brief

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