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1990 Supreme(AP) 16

V.NEELADRI RAO
Yemuna Bai @ Radha Bai – Appellant
Versus
Kisha @ Kishan Rao Joshi – Respondent


V. NEELADRI RAO, J.

( 1 ) PLAINTIFF is the revision petitioner. The suit was filed for maintenance by the wife as against the husband claiming a charge over properties of her husband. The office of the trial court had taken objection that the relief of the charge has to be seperately valued. As against the same, this revision petition was filed.

( 2 ) WHENEVER a person claiming maintenance also claimed a charge, the same cannot be held as one claiming a scperate relief The only relief claimed it a decree for maintenance, with a charge so it will not be seperately valued.

( 3 ) IT Is also verified from the appeal examinar office of the High Court. It is submitted that it is not seperately valued. The office of High Court, is right in not seperately valuing. Hence the impugned order has to be held as illegal and it is liable to be set aside.

( 4 ) IN the result, the revision petition is allowed. The relief of charge need not be seperately valued The suit has to be registered by the trial court if t is otherwise in order no costs in this revision petition.

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