KARIYAVVA AND OTHERS Vs. BHIMAPPA BASAPPA BEERANNAVAR

JUDGEMENT

(1.) PETITIONERS /Plaintiffs are before me challenging the order dated 21.12.2000 passed in O.S. No. 171 of 1997 on the file of the Principal Civil Judge (Sr. Dn.), Bagalkot.

(2.) PETITIONER /Plaintiff filed O.S. No. 171 of 1997 claiming partition and separate possession of 3/8th share in agricultural land. They also prayed for awarding 3/8th share in respect of the compensation amount awarded to the suit lands. IA. No. IV was filed seeking for temporary injunction against the Defendants in the matter of compensation. Learned Trial Judge on 21.12.2001 suo -motu raised the question of Court fee and even without hearing has chosen to pass an Order, ordering payment of Court fee. The said Order is dated 17.1.2002. Petitioner filed CRP 443/2002 on 5.3.2002. The matter was listed on 6.6.2002. It was adjourned to 4.7.2002. The matter was taken up on 4.7.2002. Learned Counsel would say that the learned Judge has chosen to dismiss the suit on 4.3.2002 in the light of non -payment of Court fee. He has stated that once the Order ordering payment of Court fee is held to be bad in law, the subsequent Order of dismissal is also to be set aside by this Court. Notice was issued to Respondents but they have remained unrepresented.

(3.) LEARNED Counsel states that the learned Judge is not right in ordering Court fee without there being any application and without hearing the parties. He finds fault with the Order dated 21.12.2001. He states that this petition was filed on 5.3.2002. It appears that on 4.3.2002, the suit was dismissed.