H LAKSHMI BAI Vs. V THIRUVANAKKARASU

JUDGEMENT

(1.) Petitioners filed a suit for declaration of title and other consequential reliefs.

(2.) I.A. No. IX was filed by them under Section 10 of the Civil Procedure Code, 1908 to stay further proceedings in HRC No. 457 of 2005 filed by the defendant. I.A. No. X was filed under Order 7, Rule 11(a), (b) and (d) read with Section 151 of the CPC for rejection of the plaint. The Trial Court by the impugned order rejected I.A. No. IX and directed the petitioners-plaintiffs to value the suit property of the actual market value under Section 24(d) of the Karnataka Court Fees and Suits Valuation Act, 1958 (for short, 'the Act'). Aggrieved by the orders passed on I.A. Nos. IX and X the present petition is filed.

(3.) With regard to I.A. No. IX it is contended that the plaintiff 1 is the wife and plaintiffs 2 to 5 are the children of deceased L. Narayana Rao whose father was occupying the suit schedule property as a tenant. The suit property was willed in favour of one Lankappa who willed the same in favour of his sister's son who sold it in favour of one Manoharan who mortgaged it in favour of one Gali Hanumanthappa who mortgaged the same and since the mortgaged was not redeemed, the said Manoharan filed HRC No. 3388 of 1982 against said Narayana Rao who is the father of defendants 2 to 5 and husband of the plaintiff which petition was dismissed in the year 1984. The defendants have filed P and SC No. 58/1984.