DODDIRAPPA Vs. SMT. MAHADEVAMMA

JUDGEMENT

(1.) The defendant 1-Doddirappa S/o. late Doddegowda and others have filed this writ petition under Art. 227 of the Constitution of India aggrieved by the order dated 4-1-2017 passed by the learned Trial Court rejecting I.A. filed by the defendant 7 under Sec. 11(1), (2) of the Karnataka Court Fees and Suits Valuation Act, 1958 (for short 'Act') holding that the question of Court fees and limitation being a mixed question of law and facts in the present suit for partition and separate possession and therefore the said issue cannot be considered as a preliminary issue.

(2.) The reasons assigned by the learned Trial Court are quoted below for ready reference:

(3.) The learned Counsel for the petitioners/plaintiffs Mr. G. Ravishankar, relying upon the decision of this Court in the case of Veeragouda and Others Vs. Shantakumar alias Shantappagowda, ILR 2009 Kar. 887 (DB) has submitted that the issue of Court fees should be decided as a preliminary issue before the evidence is recorded affecting such defendant, on the merits of the claim.