(1.) Petitioner being the plaintiff in a declaration suit in O.S.No.1863/2007 is knocking at the doors of Writ Court for assailing the order dated 09.10.2014, a copy whereof is at Annexure-A, whereby respondent's application in I.A.3 filed under Sec.11(2) of KCF & SV Act, 1958 having been favoured, the learned XXXVIII Addl. City Civil Judge, Bengaluru, has directed the plaintiff to value the suit u/s.35(1) of the Act.
(2.) After service of notice, the respondents having entered appearance through their counsel resist the writ petition making submission in justification of the impugned order.
(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter concurring with the reasoning part of the Court below which is as under: