SHARANABASAPPA Vs. SANGAMESH

JUDGEMENT

(1.) This writ petition is filed by the defendant No.l in O.S.No.2/2014 pending trial before the I Additional Senior Civil Judge at Kalaburagi (henceforth referred as 'Trial Court') challenging an order dtd. 22/10/2018, by which, the Trial Court decided the preliminary issue raised by it, in so far as the valuation of the suit properties for the purpose of the relief of declaration claimed by the plaintiffs.

(2.) A suit for declaration of title and an additional relief of declaration that the adoption deed dtd. 18/1/1991 was null and void and for a consequent decree for partition and separate possession and for perpetual injunction was sought in the suit filed by the plaintiffs. The relief of declaration of title to the suit properties was valued at a sum of Rs.6,675.00, while the relief of declaration that the adoption deed was null and void was valued and Court fee of Rs.25.00 was paid and in so far as the relief of partition and separate possession is concerned, the suit was valued under Sec. 35 (2) of the Karnataka Court Fees and Suits Valuation Act and a sum of Rs.200.00 was paid. None the less, the defendant No.l raised an objection that the suit was not properly valued. In that regard, the Trial Court framed an issue which is as follows :-

(3.) The said issue was treated as a preliminary issue. In the meanwhile, the plaintiffs deleted the relief of declaration which was allowed by the Trial Court in terms of an order dtd. 27/8/2018. Consequently the suit was only for the relief of partition, perpetual injunction and for a declaration that the adoption deed dtd. 18/1/1991 was null and void. The Trial Court after considering the preliminary issue held that in view of the deletion of the relief of declaration, the question whether the plaintiffs had undervalued the suit for the relief of declaration, did not arise. The Trial Court therefore held that the suit was properly valued and thus closed the preliminary issue and directed the office to adjust the deficit Court fee from the excess Court fee paid by the plaintiffs.