- (1.)The petitioners herein are the plaintiffs. They filed the suit O.S. No.63 of 2001 for partition of the plaint schedule joint family properties, and to allot the shares, for which they are entitled, by passing a preliminary decree. After numbering the suit, the Office of the Senior Civil Judge, Kavali, in the said O.S. No.63 of 2001 putup a check slip stating that the said suit is for partition of plaint schedule properties and for allotment of shares of Plaintiffs 1 and 2 and defendants and also for permanent injunction restraining Defendants 1 to 4 and 7 from making any attempts to raise constructions over any portion of the plaint schedule property. As per the averment in the plaint, Defendants 1 to 4 sold some of the plaint schedule properties to D-7. Therefore, the plaintiffs are not entitled to joint possession and enjoyment of such portion of the schedule property and thus the plaintiffs are liable to pay Court fee under Section 34(1) of A.P. Court Fees and Suit Valuation Act, 1956 (for short "the Act").
(2.)On the office check slip, the learned Senior Civil Judge, Kavali, made an order on 1.11.2002, directing the petitioners herein to pay the deficit Court fee by 21.11.2002. Questioning the said order this Civil Revision Petition is filed.
(3.)This being the matter between the Court and the plaintiffs, I am of the view that the Civil Revision Petition can be disposed of without hearing the respondents.