JUDGMENT :

It is against the findings rendered by the trial court in Ext.P9 order, after the remand of the matter by this court, the plaintiffs/petitioners came up. The suit was admittedly instituted for cancellation of a sale deed executed in respect of an immovable property for an amount of Rs.8,55,00,000/- (Rupees Eight Crores Fifty Five Lakhs). But the plaint was valued for a lesser amount under Section 25(d)(ii) of the Kerala Court Fees and Suits Valuation Act (herein after referred to 'the Act'), presumably based on the decision rendered by this Court in Usman Kurikkal v. Parappur Achuthan Nair [2012 (3) KLT 261]. Further, the plaint was ordered to be returned since the valuation of immovable property exceeds rupees ten lakhs, beyond the pecuniary jurisdiction of that court for proper presentation before the court having jurisdiction over the matter, under Ext.P9 order.

2. It is pertaining to the sale deed executed with respect to a property held in trust for the parishioners. The plaintiffs do not have any case of entitlement of share or fractional interest over the property and as such the legal position settled by this court in Usman Kurikkal's case (supra) may not have any