V S BALASUBRAMANYAM Vs. L K TRUST

JUDGEMENT

(1.) PETITIONERS are the plaintiffs and respondents are the defendants before the trial Court in this judgment for convenience the parties are referred to their status before the trial Court. Plaintiffs filed a suit against the defendants before the Trial Court for the following reliefs:

(2.) THE suit filed by the plaintiffs came to be numbered as F. R. 7779/ 2008 and the office of the Trial Court raised objections stating that the prayer of the plaintiff is for declaration and consequently injunction in respect of an immovable property and therefore, the plaintiffs are liable to pay Court fee as required under Section 24 (b) of the Karnataka Court fees and Suits Valuation Act (for short 'the Act' ). To this office objection, learned Counsel for the plaintiffs submitted that the relief of declaration is valued under Section 24 (d) of the Act at Rs. 1000/- and a Court fee of rs. 25/- is paid on the plaint and the same is in accordance with law. The trial Court after hearing the arguments passed the impugned order upholding the office objections and directing the plaintiffs to pay Court fees as per Section 24 (b) of the Act. Hence this writ petition.

(3.) DURING the pendency of the writ petition, learned counsel for the plaintiffs filed a memo on 27. 5. 2009 stating that he may be permitted to withdraw prayer (d) in the plaint for a decree of permanent injunction directing the defendants not to alienate or alter whole or any portion of the suit schedule properties. On 28. 5. 2009 learned counsel for the defendants submitted that he has no objection to allow the memo. Accordingly, vide order dated 28. 5. 2009, this Court allowed the memo filed by the plaintiffs permitting to withdraw prayer (d) in the plaint. Now prayer No. (a), (b) and (c) remain on the plaint.