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2019 Supreme(Kar) 359

B.VEERAPPA
Deepthi D/o Late A. S. Nagaraj – Appellant
Versus
Devamma – Respondent


Advocates:
Advocate Appeared:
G. Chandrashekharaiah, M. Ravindranath, Dayanand S. Patil, D.R. Anandeeswar.

JUDGMENT :

B. VEERAPPA, J.

1. The plaintiff filed the present writ petition against the order dated 16.07.2018 on a preliminary issue in O.S. No. 135/2014 on the file of the learned Senior Civil Judge and JMFC, Mudigere, answering the same in the affirmative and directed the plaintiffs to value the suit under Section 38 of the Karnataka Court Fee and Suit Valuation Act, 1958 (Act for short) on A and B Schedule Property on market value as on the date of the suit and pay the court fee for their share and pay the court fee within one month from the date of the said order.

2. The plaintiffs filed a suit for partition, separate possession in respect of the suit schedule properties and for declaration to declare that the sale-deed dated 30.04.2014 executed by the defendant No. 1 alone in favour of defendant Nos. 8 and 9 alienating A and B schedule properties as document No. 221/2014-15 at volume No. 1, book No. 2, registered in the office of the Sub-Registrar, Mudigere is not binding on the share of the plaintiffs and to grant such other reliefs mainly contending that the suit schedule properties are the properties of all the defendant Nos. 1 to 7 and the plaintiffs and they are entitled fo




















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