M.V. GIRIRAJ Vs. A.S. NAGARAJ

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the petitioner/defendant and the learned counsel appearing for the respondent/plaintiff.

(2.) In this revision petition, the petitioner has challenged the order dtd. 5/10/2018 passed in M.A.No.5/2016 on the file of I Additional District Judge at Chikkamagaluru.

(3.) The suit in O.S.No.125/2013 was filed before the Principal Senior Civil Judge & CJM at Chikkamagaluru for recovery of earnest money which was paid in terms of the sale agreement. The defendant appeared and filed the written statement denying the pecuniary jurisdiction of the Court. The Trial Court having taken note of the said contentions answered the preliminary issue as the Court has no jurisdiction. The same was challenged in M.A.No.5/2016 before I Additional District Judge at Chikkamagaluru. The First Appellate Court came to the conclusion that the Trial Court has committed an error in coming to the conclusion that it had no territorial jurisdiction to try the suit and ought not to have answered the same in preliminary issue. The matter involves both mixed question of law and fact and the order passed by the Trial Court is perverse, hence, it requires interference. Therefore, set aside the order of the Trial Court and the suit is remanded back to the Trial Court for fresh disposal in accordance with law. Being aggrieved by the said order, the present revision petition is filed by the defendant before this Court.