ASHOK B. HINCHIGERI, J.

1. The petitioner has called into question the order, dated 14.12.2006 (Annexure-A) passed by the Court of I Additional Civil Judge (Jr.Dn.) Mangalore, D.K, on the preliminary issues in O.S.No.116/2005.

2. The facts of the case in brief are that the respondents filed the suit seeking the relief of declaration that the sale deed, dated 22.10.1997 is illegal, void abinitio non-est and for a consequential decree for giving possession of the schedule flat by the petitioner or any person claiming under him or through him to the respondents. The petitioner raised the plea of insufficiency of Court fee and contended that the said Trial Court has no jurisdiction to try the suit. Based on the rival pleadings and the I.A.No.4 filed by the petitioner, the Trial Court framed tow additional issues, which are as follows:

1. Whether the plaintiffs prove the relief valued by them for the purpose of Court fee and jurisdiction and relief of possession is correct and proper?

2. Whether the defendant proves that this Court has no jurisdiction to entertain the suit?

The two afore extracted additional issues were taken as preliminary issues. The Trial Court answered b