SURESH H. M. Vs. GIRISH K. D.

JUDGEMENT

(1.) The plaintiff has filed the present writ petition against the order dated 30.05.2016 passed in O.S.No. 116/2013 answering additional issue No.1 in the affirmative holding that the suit is not properly valued by the plaintiff and directed to correct the valuation of the suit.

(2.) The plaintiff filed the suit for specific performance and for declaration that the sale deed dated 22.07.2011 executed by defendant No.1 in favour of defendant No.2 is null and void and not binding on the plaintiff and for permanent injunction contending that the defendant No.1 executed agreement of sale in favour of plaintiff on 26.11.2010, for a valuable consideration. Defendant No.1 filed written statement admitting the allegations made in favour of defendant No.2. The defendant No.2 filed written statement denying the plaint averments and contended that he is a bonafide purchaser of the property in question and sought for dismissal of the suit. In the written statement, defendant Nos.1 and 2 have categorically denied the allegations of the plaint and contended that the suit is not properly valued and Court fee paid is insufficient. Whereas, on the pleadings, the trial Court framed the following preliminary issue:

(3.) I have heard the learned counsel for the parties to the lis.