NARAYANASA Vs. B. NAGARAJ SHETTY

JUDGEMENT

(1.) The present petition filed by the defendant, assailing the order dtd. 26/11/2015, in MA.No.6/2014 on the file of Senior Civil Judge, Koppal, reversing the order dtd. 27/10/2014 on the preliminary issue in O.S.No.198/2014 on the file of Civil Judge & JMFC, Koppal, whereby the appeal preferred by the plaintiffs was allowed holding that the valuation made by the plaintiffs is proper and the trial Court has pecuniary jurisdiction to entertain the suit.

(2.) The parties herein are referred to as per their ranking before the trial Court for the sake of convenience.

(3.) The plaintiffs filed a representative suit for declaration that "ABCDEF" area shown in the plaint hand sketch be declared as a public road and in alternative claimed declaration for easementary rights over the "ABCDEF" area for consequential injunction of permanent injunction restraining the defendants not to put up any construction over the suit "ABCDEF" area and for the relief of mandatory injunction to remove the superstructure constructed in "ABCDEF" area. The suit was filed before the Civil Judge & JMFC, Koppal and was valued at Rs.3,000.00 for the purpose of Court fee and jurisdiction of the Court under Sec. 24(b) of the Karnataka Court Fees and Suits Valuation Act, 1958 (hereinafter referred to as "the Act" for short).