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2010 Supreme(Kar) 441

SUBHASH B.ADI
Damegunta, Rajeshwaramma – Appellant
Versus
Jayalakshmamma – Respondent


Advocates appeared:
For the Petitioner:M/s. Nandi Law Chambers, Advocates.
For the Respondents:R1 to 3, C. Ravi Kumar, Advocate, H.K. Basavaraj, GP for State.

Judgment :-

This is defendants’ petition, questioning the order dated 4th May 2007 on objections regarding payment of court fees in O.S.No.3649/2007 pending on the file of XXIV Addl. City Civil Judge, Bangalore City.

2. Respondents are plaintiffs. They have brought a suit for declaration of title to the schedule ‘A’ and ‘B’ properties and further declaration that the registered sale deed dated 18.11.2000 alleged to have been executed by the plaintiffs in favour of defendant No.2 in respect of ‘B’ schedule property as null and void, not binding on the plaintiffs and other reliefs.

3. Initially the suit was valued under Section 24(b) of the Karnataka Court Fees and Suits Valuation Act, 1958 (hereinafter referred to as ‘the Act’) and fees of Rs.57,860/-was paid. As regards to the decree for injunction, the court fee was determined under Section 26(c) of the Act. The office raised an objection as regard to the valuation of the property. Thereafter, plaintiffs were called upon to pay the deficit court fee on the basis of the market value and accordingly, plaintiffs valued the suit at Rs.87,50,000/- and the court fees of Rs.1,86,500/- was paid including an amount of Rs.57,888/- already pa















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