KESHAVAN Vs. UMANATHA SUVARNA

JUDGEMENT

(1.) PETITIONER is the first defendant in O.S. No. 562/2010 on the file of the Civil Judge and JMFC, Mangalore, D.K. Being aggrieved by the order dated 22 -06 -2012 made on issues No. 4 and 5, the petitioner has filed this writ petition.

(2.) THE brief facts of the case are as follows:

(3.) THE first defendant/petitioner herein filed written statement denying the averments made in the plaint and contended that the plaintiff had entered into an agreement of sale dated 24 -06 -2004 with the first defendant wherein he has agreed to sell the suit schedule property. Accordingly, he had executed a Power of Attorney in favour of the second defendant and the power of attorney holder executed a sale deed. It is within the knowledge of the plaintiff and further contended that the court fee paid is insufficient and the court has no jurisdiction to try the suit since the sale deed had been executed for a sum of Rs. 12,00,000/ - i.e. beyond the pecuniary jurisdiction of the Court and hence sought for dismissal of the suit.