LAWS(KAR)-2022-7-880

K.V.CHANDRASHEKARA Vs. S.L.MOHAN

Decided On July 04, 2022
K.V.Chandrashekara Appellant
V/S
S.L.Mohan Respondents

JUDGEMENT

(1.) The captioned writ petition is filed by defendant No.6 questioning the order dtd. 5/4/2022 passed by the learned II Additional City Civil and Sessions Judge, Bengaluru on I.A.No.1/2021 filed under Sec. 4 of the Karnataka Court Fees and Suits Valuation Act, 1958 read with Sec. 35(1) thereof and Sec. 151 of CPC, 1908 in FDP.No.122/2012, as per Annexure-F.

(2.) The respondents/plaintiffs have instituted a suit for partition and separate possession in O.S.No.10311/1983 seeking partition by metes and bounds. The present petitioner, who claims to be a purchaser, was arrayed as defendant No.6. The present petitioner on receipt of summons, tendered appearance and contested the proceedings and stoutly denied the entire averments made in the plaint. The petitioner specifically contended that respondents/plaintiffs are not in joint possession and therefore, claimed that suit ought to have been valued under Sec. 35(1) of the Karnataka Court Fees and Suits Valuation Act, 1958 (for short 'the Act'). Based on rival contentions, the Trial Curt framed issue No.5 which deals with the present controversy. Under issue No.5, the Court formulated the issue indicating as to whether the plaintiffs have properly valued for the purpose of court fees.

(3.) After conclusion of trial, though the Trial Court proceeded to dismiss the suit but however, issue No.5 was answered in affirmative and a finding was recorded that court fee paid was proper. Feeling aggrieved by the judgment and decree passed by the Trial Court, the plaintiffs' preferred two appeals in RFA.No.271/1998 and RFA.No.275/1998. The Division Bench of this Court, on re-appreciation of entire ocular and documentary evidence and after having independently assessed the materials placed on record, has reversed the decree passed in O.S.No.10311/1983. Consequently, this Court decreed the suit granting share to the respondents/plaintiffs. While allowing the appeal, the Division Bench of this Court has recorded a categorical finding that respondents/plaintiffs are in joint possession. The common judgment rendered by the Division Bench of this Court in RFA.No.271/1998 and RFA.No.275/1998, are questioned by the present petitioner herein and the same is pending in Civil Appeal.No.7816-17/2012 before the Hon'ble Apex Court.