SMT. GOWRAMMA Vs. ANDYAPPA AND OTHERS

JUDGEMENT

(1.) The plaintiff filed the present writ petition against the order dated 25.11.2017 on I.A. No. 1/2015 made in O.S. No. 2551/2008 allowing the application filed by the 4th defendant under Order XIV Rule 2 r/w Section 11(2) of the Karnataka Court-fees and Suits Valuation Act, 1958 (KCF and SV Act' for short) and directing the plaintiff to calculate the market value of the suit schedule property and pay the court fee accordingly. The plaintiff was also directed to file fresh valuation slip and proceed with the case and also directed the office to collect the deficit court fee.

(2.) The plaintiff filed the suit for partition and separate possession of her 1/4th share in the suit schedule property by metes and bounds and for permanent injunction restraining the defendants from interfering with the suit schedule property and also for mesne profits under Order XX Rule 12 of Code of Civil Procedure from the date of the suit till she was put in possession of her share, contending that the plaintiff and defendant Nos.1 to 3 are members of the Hindu joint family and there was no partition in the joint family and therefore he is entitled to share etc.

(3.) The defendant Nos.1 to 3 not filed the written statement. The defendant No. 4 filed the written statement and denied the plaint averments and contended that the suit filed by the plaintiff against her is not maintainable and there is no cause of action to file the suit. The plaintiff and defendants 1 to 3 are strangers to the suit schedule property and they have no right, title and interest in respect of the suit schedule property. In the written statement, 4th defendant has also stated that she and her family members are residing in the suit schedule property and are growing various types of nursery plants. She got the property by virtue of the occupancy rights granted by the Special Tahsildar, Land Tribunal, Bangalore North taluk on 9.10.1984 and she has put up barbed wire fencing in and around the schedule property. She is in possession and enjoyment of the same. Therefore sought for dismissal of the suit.