GIRIJA C BHOGI Vs. ANNAPOORNAMMA

JUDGEMENT

(1.) THE office has raised an objection stating that the appellant has failed to pay the deficit court fee as directed by the court below. Accordingly, the office has called upon the appellants to pay the deficit court fee of Rs.8,95,208/ - since the court fee has not been paid based on the submission of the learned counsel for the appellant, this matter is listed before this court in regard to the compliance of office objections.

(2.) IN order to consider the office objections raised by the Registry in calling upon the appellant to pay the deficit court fee it is necessary for us to consider the background of this case.

(3.) THE appellants were the plaintiffs before the Senior Civil Judge and CJM, Shivamogga in O.S.No.26/2010. The suit was filed by them claiming partition and separate possession of the plaintiffs' 1/14th share each in the suit property by metes and bounds and to further declare that the mortgage deed executed in favour of the 31st defendant Canara Bank, Sheshadripuram Branch, Shivamogga is not binding on their share and also prayed for mesne profits from the date of the suit.