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2021 Supreme(Kar) 990

R. NATARAJ
Sharanabasappa, S/o. Basalingappa Padasalgi – Appellant
Versus
Sangamesh S/o. Late Shivasharanappa Padasalgi – Respondent


Advocates Appeared:
For the Petitioner: Sri. Ravi B. Patil.
For the Respondents: Sri. Ameet Kumar Deshpande.

ORDER :

1. This writ petition is filed by the defendant No.1 in O.S.No.2/2014 pending trial before the I Additional Senior Civil Judge at Kalaburagi (henceforth referred as 'Trial Court') challenging an order dated 22.10.2018, by which, the Trial Court decided the preliminary issue raised by it, in so far as the valuation of the suit properties for the purpose of the relief of declaration claimed by the plaintiffs.

2. A suit for declaration of title and an additional relief of declaration that the adoption deed dated 18.01.1991 was null and void and for a consequent decree for partition and separate possession and for perpetual injunction was sought in the suit filed by the plaintiffs. The relief of declaration of title to the suit properties was valued at a sum of Rs.6,675/-, while the relief of declaration that the adoption deed was null and void was valued and Court fee of Rs.25/-was paid and in so far as the relief of partition and separate possession is concerned, the suit was valued under Section 35 (2) of the Karnataka Court Fees and Suits Valuation Act and a sum of Rs.200/-was paid. None the less, the defendant No.1 raised an objection that the suit was not properly valued.

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