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2009 Supreme(Ker) 674

S.S.SATHEESACHANDRAN
Saraswathy Amma – Appellant
Versus
Chandrasekharan Nair – Respondent


Advocates Appeared:For the Petitioners:Bindu Sreekumar, Advocate. For the Respondent:R1, K. Ramakumar, Senior Advocate, P.K. Muraleedharan, Sunu P. John, Advocates.

Judgment :

The writ petition is filed seeking the following reliefs:

"i) To issue writ of certiorari or any other of order or direction calling for the records leading to Ext.P4, P4(A) and P5 and quash the same.

ii) To set aside the order P5 dated 5.6.2009 and restore the suit O.S.No.128/2008 before the Hon'ble Munsiff Court, Ettumanoor.

iii) To declare that the above suit property is properly valued and proper court fee was paid and this suit is below the pecuniary limits of the Hon'ble Munsiff Court.

iv) To issue a direction to commence the evidence of O.S.No.128/2008 before the Hon'ble Munsiff Court, Ettumanoor and dispose of the suit expeditiously."

2. Petitioners are the plaintiffs in O.S.No.128 of 2008 on the file of the Munsiff Court, Ettumanoor. Suit is one for partition and the respondent, the defendant. Defendant in his written statement among other contentions had impeached the valuation of the properties covered by the suit and also the court fee paid under Section 37(2) of the Kerala Court Fees and Suits Valuation Act, hereinafter referred to as the Court Fees Act, as not reflecting the market value of the properties. An issue raised on the basis of the above contention







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