J U D G M E N T

This original petition is filed challenging Exts.P2 and P5 orders passed in O.S. No.43 of 2017. The petitioners instituted the suit for declaration that certain documents are not binding upon the plaintiffs and the plaint schedule property and a consequential prayer for partition of item Nos. 1 & 2 and 3 & 4 properties and allotting ¾^th and ¼^th shares in it respectively. The defendants resisted the suit and one among the contentions raised in opposition of the suit was the valuation not being properly done by the plaintiffs.

2. According to the plaintiffs, the suit was valued in term of Section 25 (d)(ii) of the Kerala Court Fees and Suits Valuation Act, 1959 (hereinafter referred to as ‘Act’). The defendants raised a plea that since the documents in question were executed by the predecessor in interest of the plaintiffs, necessarily, without seeking for a relief for sett