SUJATHA NARAYANA Vs. LEELA RAMAKRISHNA

JUDGEMENT

(1.) THE petitioners/legal representatives of defendant No. 1 in O. S. No. 826/ 1993 on the file of the City Civil Judge at bangalore City are before this Court challenging the common order dated 2-9-2006 made on the applications filed under O. 26, R. 9 of civil Procedure Code and under Ss. 11 and 18 of the Karnataka Court-Fees and Suits valuation Act. 1958 (in short 'cfsv Act, 1958' ).

(2.) HEARD Sri D. R. Surendaresh learned counsel for the petitioners.

(3.) THE brief facts of the case leading to filing of the writ petition may be stated as under: a suit was filed in O. S. No. 826/1993 for partition and separate possession to the extent of l/9th share each. After the death of defendant No. 2 (mother of the plaintiffs), the plaintiffs amended the plaint and prayed for declaration that they are the absolute owners of item No. 2 of 'a' Schedule property and also the properties under the registered sale dated 1-7-2002 executed by their mother. After the plaint was amended, the Court below has framed nine additional issues. The 9th additional issue reads as under: "is the Courtfee paid is insufficient. "