ORDER

The defendant Nos.4 and 5 in O.S.No.66/2013 on the file of the Court of the Senior Civil Judge and JMFC at Virajpet have filed this petition challenging an order dated

04.04.2019, by which, the Court answered preliminary issue No.6 in the Affirmative and held that Court fee paid on the suit was proper.

2. The suit in O.S.No.66/2013 was filed for partition and separate possession of the plaintiff’s share in the suit schedule properties. The plaintiff claimed that she was a child in the womb as on 08.07.1999 when the suit properties were sold by her parents to defendant Nos.4 and 5. She therefore claimed that she was entitled for an undivided share in the suit schedule properties. She claimed that she was in joint possession of suit property and hence valued the suit under Section 35 (2) of the Karnataka Court Fees and Suits Valuation Act, 1958 (hereinafter referred to as ‘the Act’ for short). The defendant No.1 being the grandfather, defendant No.2 being the father and defendant No.3 being the aunt of the plaintiff did not contest the suit. The defendant Nos.4 and 5 contested the suit and claimed that the sale proceeds from the sale of the suit properties was utilized to purcha