payment of court fee = by valuing the Suit notionally, without valuing each schedule of the property, for which declaration was sought.- the Suit was returned with certain objections that the Suit shall be valued for each schedule and Court fee shall be paid separately, it is made clear that, if the petitioners seek to amend the prayer and resubmit the Suit, liberty is given to them to do so.

              

  THE HON’BLE SRI JUSTICE R.SUBHASH REDDY     

CIVIL REVISION PETITION No.67 OF 2013

ORDER:

         

This Civil Revision Petition is filed, under Article 227 of the Constitution of India, aggrieved by the docket order, dated 17.10.2012, passed in O.S.(S.R.).No.6187  of 2012 on the file of Principal Senior Civil Judge, Ranga Reddy District at L.B.Nagar. 

The petitioners are plaintiffs in the Suit.  The said Suit was filed, 

seeking to declare the petitioners as legal heirs of deceased Late Mohd. Ibrahim and Smt. Akthari Begum, in respect of suit schedule “A” and “B” properties, which are open plots admeasuring 310 Square Yards and 347 Square Yards respectively, situated in Survey Nos.39 and 44 of Upperpally Village, Rajendranagar Mandal, Ranga Reddy District, by valuing the Suit notionally, without valuing each schedule of the property, for which declaration was sought.

It is contended by the learned counsel for the petitioners that inasmuch as the petitioners are only seeking declaration as legal heirs, they need not pay the Court fee on the value of the property. 

The said argument of the learned counsel for the petitioners cannot be accepted for the reason that the petitioners/plaintiffs are seeking declaration with reference to schedule “A” and “B” properties in the Suit. Hence, I do not find any illegality in the docket order passed by the Court below.

For the aforesaid reasons, the Civil Revision Petition is dismissed.  However, as it is stated that the Suit was returned with certain objections that the Suit shall be valued for each schedule and Court fee shall be paid separately, it is made clear that, if the petitioners seek to amend the prayer and resubmit the Suit, liberty is given to them to do so.  Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall also stand closed. No Costs.

_______________________

R.SUBHASH REDDY, J

21^st January, 2013

KKM/MD

                    

THE HON’BLE SRI JUSTICE R.SUBHASH REDDY

CIVIL REVISION PETITION No.67 OF 2013

21^st  January, 2013

kkm/md