K P PONNAPPA Vs. K P POOVAIAH

JUDGEMENT

(1.) HEARD both sides.

(2.) THIS is plaintiffs' petition directed against the Trial Court's order dated 27-10-1999 made in O. S. No. 58 of 1994 directing him to file a fresh valuation slip by correctly valuing the relief claimed in the plaint to the extent of their share in the suit schedule Item Nos. 7 to 14 valuing the extent of their and also liability in O. S. No. 139 of 1987 based on the extent of their share, and further directing them to pay the Court fee in proportion to the one which was paid by dependent No. 5 in O. S. No. 139 of 1987.

(3.) THE suit in O. S. No. 58 of 1994 was instituted by the petitioners-plaintiffs against respondents-defendants 1 to 4, for partition and separate possession of their share in the suit schedule immovable properties described at Items 1 to 14 therein. Respondent 5-Vijaya Bank was made defendant 5 in the suit pleading at para 11 of the plaint that the Bank by instituting suit in O. S. No. 139 of 1987 against the parents and uncles of plaintiffs, obtained a money decree towards recovery of the loan that was said to have been borrowed by mortgaging the immovable properties at Items 7 to 14 of the present suit and that the decree obtained therein was a collusive decree and the plaintiffs are not bound by it.