SIDDAPPA Vs. LAKKAMMA

JUDGEMENT

(1.) SINCE Respondents 1 to 6 herein are represented by counsel, notice to the other respondents who are not the contesting respondents or not the plaintiffs before the Trial Court, is dispensed with.

(2.) HEARD the learned counsel for the petitioners and the learned counsel for the respondents. Respondents 1 to 6 are the plaintiffs before the Trial Court seeking partition and separate possession of the suit property and seeking to challenge several sale deeds that have been executed in respect of the suit property.

(3.) HENCE , the court below has failed in its duty to address the issue, in accordance with law. This is a mandate under Section 11(2) of the Karnataka Court Fees and Suits Valuation Act, 1958, which has been ignored. Hence, the petition is allowed and the matter is remanded. The court below shall hear the application once more if necessary, in order to address the material that is available on record and to pass appropriate orders, in accordance with law.