ORDER :

By this petition, the petitioner is questioning the validity of the order dated 19.01.2023 (Annexure P/3) passed by the trial court allowing the application filed by the respondent Nos. 3 and 4 under Order 7 Rule 11 of the Code of Civil Procedure asking relief that since the suit is undervalued, therefore, the plaint be rejected.

2. The trial court allowed the application and directed plaintiff/petitioner to pay ad-valorem court fees because he filed the suit for declaration and also for mandatory injunction.

3. As per the facts of the case, the plaintiff/petitioner filed a suit in which he paid the court fees with respect to the relief of declaration but no court fees for the relief of mandatory injunction was paid because as per the plaintiff/petitioner, the said relief was consequential in nature. The trial court while allowing the application observed that the mandatory injunction is not a consequential relief to the declaration, as claimed, and as such separate court fees is required to be paid by the plaintiff. Accordingly, the trial court directed the plaintiff/petitioner to pay the separate court fees in respect of the relief of mandatory injunction.

4. From perusal of