ORDER

The captioned petition is filed by the plaintiff/petitioner being aggrieved by the order passed by the learned Judge on an application filed in I.A No.2, Order VII Rule 11 (A), (B), (C) and (D) R/w Section 16 of Code of Civil Procedure and Section 11(2) of Karnataka Court Fee and Suit Valuation Act of 1958 (for short, “Court fee Act, 1958”).

2. Under the impugned order, the learned Judge has called upon the plaintiff to pay the Court fee on market value of the property in respect of the extent of land to which which relief of declaration of ownership is claimed as required under Section 38 of Karnataka Court Fee and Suit Valuation Act, 1958 .

3. Heard the learned counsel for the petitioner and learned counsel appearing for respondents No.1 and 4.

4. The dispute relates to payment of Court fee and therefore, prayer sought in the plaint needs to be looked into, which is extracted as under:

PRAYER

Hence it is prayed that this Hon'ble Court may be pleased to pass a decree infavour of Plaintiff and against the Defendants, a) Declaring that the Plaintiff is the absolute owner of the properties given to the share of the Plaintiff as per the WILL dated 01.02.1984 of late Shankar Vittal B