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2025 Supreme(Online)(Ker) 33333

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
BENSIL JOSEPH @ BENZIER JOSEPH – Appellant
Versus
BENNY K.J – Respondent


Advocates:
For the Appellants/Petitioners: SRI.S.SUDHISH KUMAR, SHRI.K.B.DAYAL, SMT.REMYA MURALI, SRI.SIBI KARUN
For the Respondents:

Table of Content
1. petitioner challenges property valuation. (Para 1 , 3)
2. arguments on proper court fees discussed. (Para 2 , 5)
3. court explains costs under appraised values. (Para 4)

The Original petition is filed by the petitioner by challenging the order passed by the Civil court in O.S.No.1369/2019 on the file of the IInd Addl.Munsiff Court, Ernakulam, directing the petitioner/plaintiff to pay additional court fee and proper valuation by amending the plaint vide order dated 09.10.2023.

2. Heard the the learned counsel for the petitioner. The learned counsel for the respondent is served notice and unrepresented.

3. The case of the petitioner is that, the petitioner filed a suit for declaration to declare the ‘will’ executed by the father is null and void, and consequential injunctions by valuing the property and paid the court fee as per Section 25 d (2) of the Kerala Court Fees and Suit Valuation Act . Whereas the defendant appeared and objected the petitioner contending that the value of the property is more than 10 lakhs and the property valuation made by the petitioner is not correct and he has to pay the court fee as per Section 25d (1) of the Kerala Court Fees and Suit

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