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2015 Supreme(Kar) 932

A.V.CHANDRASHEKARA
Rajesh Khanna Bhat – Appellant
Versus
Rajani C. Bhat – Respondent


Advocate Appeared:
For the Appellant :Sachin B.S. for Dharmashree Associates, Advocates
For the Respondents: Anitha R., High Court Government Pleader

ORDER :

A.V. Chandrashekara, J.

1. This is a petition under Article 227 of the Constitution of India challenging the order passed by the learned Civil Judge, Moodabidri, in an unnumbered original suit filed by the petitioner as plaintiff against two persons namely, Smt. Rajani C. Bhat and Chandrashekar Swamiji in the year 2014. Office of the said Court had raised certain objections in regard to the Court fee paid. According to the office, Court fee is to be paid at Rs. 18,00,000/- as found in the body of the plaint and not as found in the valuation slip furnished along with the suit. The learned Judge has upheld the office objections and has directed the petitioner to pay Court fee on the actual and real market value of the schedule property as on the date of filing the suit. It is this order dated 10-10-2014 which is challenged before this Court on various grounds as set out in the petition.

2. The petitioner has filed the above suit seeking the relief as found in paragraph 6(a) of the plaint which is as under:

"(a) for a declaration that the alleged illegal registered gift deed














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