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2019 Supreme(Kar) 2078

B.VEERAPPA
Sumathi A Shetty – Appellant
Versus
Manesha Shetty – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri Udaya Prakash M., Adv.

ORDER :

Defendants Nos.1 to 4 have filed the present writ petition against the order dated 19.2.2019 passed on preliminary issue No.5 made in O.S.No.559/2016 holding that the suit of the plaintiff is properly and correctly valued for the purpose of court fee and jurisdiction and the Court fee paid by the plaintiff is correct.

2. 1st respondent herein who is the plaintiff before the trial Court has filed the suit for declaration, permanent prohibitory injunction and partition and to declare the release deed dated 24.03.2012 registered before the Sub-Registrar, Mangaluru City in respect of the schedule property as null and void and not binding on the plaintiff restraining the defendants, their men, servants etc., or anybody claiming under them from alienating, mortgaging, encumbering or transferring the schedule property in any manner in favour of 3rd parties and for partition into five equal shares and allotment of one such share to the plaintiff.

3. It is contended in the plaint that the suit schedule property originally owned by the father of plaintiff and defendant Nos.2 to 4 and husband of defendant No.1 late K.Ananda Setty. The plaintiff acquired absolute right as per sale deed da

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