APPANNA BALA KOREGAVE Vs. SHRIPAL BANDU KOREGAVE

JUDGEMENT

(1.) THIS writ petition, under Article 227 of the Constitution of India, takes exception to the order passed by the Civil Judge, J. D. , Wadgaon dated 9th February, 1990 below Exhibit 171 in R. C. S. No. 158 of 1983. The respondents filed above numbered suit for declaration and possession of the suit land on the basis of title bearing R. S. No. 244, Hissa Nos. 8, 9, 3 and 5 totally admeasuring 0. H. 76 ares situated at village. Here, Taluka Hatkanagale, District Kolhapur. That suit was filed on 18-4-1983. After the suit summons was served upon the petitioner, the petitioner filed written statement dated 3-1-1984. What is relevant to note is the plea specifically taken in para 13 of the written statement, which reads thus:---

(2.) ACCORDING to the petitioner this averment was in the nature of raising counter claim in the suit filed by the respondent, in the written statement itself. It is the case of the petitioner that inspite of the above stand; and when the petitioner was willing to deposit the necessary Court fees no order in that behalf was passed by the Court and for which reason the petitioner filed subject application Exhibit 171 praying for permission to affix necessary Court fee with regard to counter claim set up in the written statement.

(3.) THE relevant portion of this application, in particular, para 6 reads thus:---