YALLAPPA Vs. BASAVARAJ

JUDGEMENT

(1.) This writ petition is directed against the impugned order dtd. 17/6/2022 passed on I.A. No. 6 by the learned Principal Civil Judge & JMFC, Dharwad, whereby the said application filed by the petitioner-defendant No.5 under Sec. 151 CPC was rejected by the trial Court.

(2.) I have heard learned counsel for the petitioner and the learned counsel for the respondents and perused the impugned order including the material on record.

(3.) The material on record discloses that the respondents No.1 to 3/ plaintiffs instituted O.S. No. 102/2011 on the file of the learned III Addl. Sr. Civil Judge & CJM, Dharwad for partition and separate possession of their alleged share in the suit schedule property and for other reliefs. In the said suit, while petitioner was arrayed as defendant No.5, the respondents No.4 to 7 were arrayed as defendants No.1 to 4 and they contested the suit. In the plaint, the respondents No.1 to 3/ plaintiffs specifically quantified value of the suit schedule property as Rs.18.00 lakhs and claimed that they were entitled to 3/10th share in the same by quantifying their share as Rs.6.00 lakhs. Pursuant to completion of pleadings in the suit, the trial Court framed several issues including additional issue No.2 relating to pecuniary jurisdiction of the learned Civil Judge (Sr. Dn.) to adjudicate upon the suit. By order dtd. 27/4/2018, the learned Sr. Civil Judge, Dharwad came to the conclusion that in light of the material produced by both sides which indicate that total value of the plaintiffs' alleged 3/10th share came to Rs.2,76,000.00, the same was below the prescribed limit of Rs.5.00 lakhs and consequently the learned Sr. Civil Judge did not have pecuniary jurisdiction to try the suit and as such, the Court directed the plaint to be returned for presentation before the appropriate Court.