V. RANI Vs. V. SUBBAMMA AND ORS.

JUDGEMENT

(1.) Heard Sri Praveen RJS, learned Advocate appearing on behalf of Sri Papireddy for petitioner.

(2.) Order dated 09.10.2014 (Annexure-E) passed by XXXVIII Addl.City Civil Judge, Bengaluru in O.S.No.364/2010 is impugned in this writ petition whereunder Court below has answered issue No.2 in the negative and directed the plaintiff to value the relief sought for in the suit for partition under Section 35(1) of the Karnataka Court Fees and Suits Valuation Act, 1958 and pay Court fee accordingly. To arrive at such a conclusion, trial Court has held that on account of plaintiff having stated that Release Deed dated 25.10.2006 executed by the plaintiff is the factor which would establish that plaintiff is not in possession of suit schedule property and therefore, Court fee ought to be paid under Section 35(1) of the Karnataka Court Fees and Suits Valuation Act, 1958.

(3.) Perusal of the plaint averments which is at Annexure-A would indicate that suit filed by the plaintiff is for relief of partition and separate allotment of 1/9th share in the suit schedule property by metes and bounds. In paragraph 3, plaintiff has stated to the following effect: