RENUKARADHYA Vs. ANUSUYA GUBBANNA

JUDGEMENT

(1.) This petition is directed against the impugned order dated 02. 01.2023 passed in O.S.No.4437/2017 by the XI Additional City Civil and Sessions Judge, Bengaluru, whereby issue No.3 relating to valuation and Court fee framed in the suit was answered in the negative in favour of respondent Nos.2 to 4/plaintiff Nos.1 to 3 against the petitioner/defendant No.2.

(2.) Heard Sri. Mahesh S., learned counsel for the petitioner, Sri. B.C.Chethan, learned counsel for caveator/respondent Nos.2 to 4 and perused the material on record.

(3.) The material on record discloses that respondent Nos.2 to 4/plaintiffs instituted the aforesaid suit against the petitioner/defendant No.2 and respondent No.1/defendant No.1 for declaration, permanent injunction, and other reliefs in relation to the suit schedule immovable properties. The said suit is being contested by the petitioner/defendant No.2. Pursuant to the completion of pleadings, the Trial Court framed issues, amongst which issue No.3 relates to the valuation of suit and payment of Court fee. The Trial Court treated the said issue as a preliminary issue and proceeded to pass the impugned order answering issue No.3 in favour of the plaintiffs and against defendant No.2, who is before this Court by way of the present petition.