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2014 Supreme(AP) 872

B.SIVA SANKARA RAO
Pranit Projects Pvt. Ltd. – Appellant
Versus
Goundra Yadaiah – Respondent


Advocates:
Advocate Appeared
For the Petitioners:A. Laxminarayana, Advocate.
For the Respondents:C. Pratap Reddy, Advocate.

Judgment

This revision, under Article 227 of the Constitution of India, is filed by the petitioners, who are defendants 22 to 24 among the 28 defendants in O.S. No.118 of 2013, against the order, dated 29.04.2014, in I.A. No.958 of 2013 in O.S. No.118 of 2013 on the file of I Additional District Judge, Medak at Sangareddy.

2. The petitioners herein filed interlocutory application I.A.No.958 of 2013 in the pending suit, in support of their written statement contest to decide, under Section 11(2) of Andhra Pradesh Court Fee Act read with Order VII Rule 11 of Civil Procedure Code, 1908, on insufficiency of Court Fee payable and or to reject the plaint for insufficient payment of the Court Fee in saying that the plaintiffs instead of valuing the suit under Section 34(1) of Andhra Pradesh Court Fee Act for ad volerum undervalued under Section 34(2) of Andhra Pradesh Court Fee Act only with fixed court fees as if in Joint possession.

3. Undisputedly, it is the suit for partition. The trial Court in answering I.A. No.958 of 2013, by order, dated 29.04.2014, after hearing both sides, running in 12 paras, referring to 46 exhibits on behalf of defendants 22 to 24 and 15 exhibits on behalf of











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