R ANANDA Vs. NANJUNDASWMAY

JUDGEMENT

(1.) THE matter is listed for orders to take steps to bring the L. Rs of the deceased R-4 and to furnish the correct address of R-7 in order to ascertain whether the respondents 7 and 4 are necessary parties to adjudicate the matter in controversy in this writ petition. The court directed the learned Counsel for the petitioner to narrate the facts of the case. It is disclosed by the parties that suo motu the court has passed an order directing the plaintiff to pay the deficit court fee on the actual market value of the suit property. The plaintiff before the trial court is challenging the order passed by the trial court suo motu in this writ petition.

(2.) LEARNED Counsel for the petitioner submits that he is not seeking any relief against R-4 and r-7. Accordingly, the petitioner is permitted to delete R-4 and R-7.

(3.) PETITIONER herein is the plaintiff in O. S. No. 4785/2004 before the City Civil Judge, Bangalore. The suit is instituted by the plaintiff to declare him as an absolute owner of the suit property and that the sale deed executed, by the defendants 1 to 7 in favour of defendants 8 to 10 are without any authority of law and that the defendants 1 to 7 had no title to transfer the suit property and also for a perpetual injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property.