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2018 Supreme(Kar) 1010

VINEET KOTHARI
Fire Luxur Developers Pvt. Ltd. – Appellant
Versus
Chikka Venkatamma W/o Late Nanjappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A. Madhusudhana Rao, Adv.
For the Respondent: K.V. Prakash Kumar, Adv., Mr. H.M. Kishor Kumar, Adv. A.G. Shivanna, Adv., Mr. D.R. Anandeeswar, Adv.

ORDER :

1. The newly added defendant No.7 M/s Fire Luxur Developers Pvt. Ltd., which was impleaded in civil suit O.S.No.379/2006 and O.S.No.306/2008 filed by the respective plaintiffs, has filed these two writ petitions in this Court which are being disposed of by common order challenging the order dated 18.08.2016, whereby the learned trial court has rejected the applications filed by the said defendant under Order 14 Rule 5 of CPC for framing of additional issues with regard to Court fee and pecuniary jurisdiction of the trial court.

2. According to the said defendant, the valuation of land in question was much higher than the pecuniary jurisdiction of the Court of I Additional Civil Judge and JMFC, Malur. The reasons assigned by the trial court in the impugned order is quoted below for ready reference:

“Case called out. Heard counsel appearing for plaintiff on I.A filed by subsequently added Defendant to frame the additional issue with regard to lack of pecuniary jurisdiction of this court to entertain the suit. The Defendant No.7 who has been subsequently added as party to the suit made application U/o 14 Rule 5 of CPC seeking to frame issue with regard to lack of pecuniary jur







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