JUDGMENT/ORDER

1. This petition is directed against the impugned order dtd. 3/3/2021 passed in O.S.No.17/2017 by the Senior Civil Judge, Kumta, whereby the preliminary issue framed pursuant to I.A.No.V in relation to payment of Court fee was answered in favour of the respondent/plaintiff.

2. Heard learned counsel for the petitioner and learned counsel for respondent and perused the material on record.

3. A perusal of the material on record will indicate that the respondent/plaintiff had instituted the aforesaid suit for partition and declaration in relation to the suit schedule immovable property. The petitioner is arrayed as defendant No.2 in the said suit and at his instance a issue relating the Court fee was framed and treated by the Trial Court as a preliminary issue and answered in favour of respondent/plaintiff vide impugned order dtd. 3/3/2021 by holding as under :

"ORDERS ON PRELIMINARY ISSUE The following preliminary issue is framed in view of I.A.No.5filed by the defendant no.2 under Order XIV Rule 1 and 5 r/w Sec. 151 of CPC which reads as follows :- 1. Whether the Court fee paid by the plaintiff is proper?

2. Heard both sides on the aforesaid preliminary issue framed in