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2022 Supreme(Ker) 398

P. SOMARAJAN
AJAYAKUMAR S/o T. SREEENIVASAN ACHARY – Appellant
Versus
JYOTHI D/o LATE DAMAYANTHI – Respondent


Advocates:
Advocate Appeared:
For the Appellants : GOPAKUMAR R. THALIYAL, R.B. RAJESH.
For the Respondents: ANITHA RAVINDRAN, HARISANKAR N. UNNI, T. RESHMA, B.S. SWATHI KUMAR, S. SIKKY.

JUDGMENT :

P. SOMARAJAN, J.

1. The additional plaintiffs 2 to 5 came up against the order of remand passed by the first appellate court directing adjudication of the question of undervaluation and the court fee payable at the first instance. The operative portion of the order of remand passed by the first appellate court (Additional District Judge), is extracted below for reference:

    “25. In the result, both appeals are allowed. The decree and common judgment of the court below are set aside. The matter is remitted back to the court below for fresh consideration after providing opportunity to the plaintiffs/respondents to file an amendment application regarding valuation of the relief of declaration and for paying proper court fee. On finding the valuation of the relief of declaration based on the market value of the property, if the learned Munsiff loses pecuniary jurisdiction, the learned Munsiff shall pass appropriate orders to get the case considered by court having pecuniary jurisdiction. If the court below is found to be having pecuniary jurisdiction on amendment, the court below is directed to dispose of the matter afresh. It is made clear that both parties are at liberty to add

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