JUDGEMENT
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(1.)Mr.S.P.Kulkarni, learned counsel for the petitioner. None for the respondent.
(2.)In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 08.01.2015, by which the Trial Court has allowed the application preferred by Respondent Nos.1 and 2 under Section 11 of the Karnataka Court Fees and Suits Valuation Act, 1958 (hereinafter referred to as 'the Act' for short) has been allowed and the plaintiffs has been directed to pay ad-valorem court fee on the subject matter of the suit.
(3.)Facts giving rise to the filing of the petition briefly stated are that the petitioners/plaintiffs have filed the suit seeking the relief of declaration and permanent injunction. In the suit, the plaintiff have sought the relief of declaration that the sale deed dated 05.12.2012 alleged to have been executed by the plaintiffs in favour of the defendants are null and void and are not binding on the plaintiffs. The respondent Nos.1 and 2 filed an application under Section 11 of the Act in which inter alia it was pleaded that the plaintiffs have not paid the proper court fee in respect of the reliefs claimed in the suit. The Trial Court by order dated 08.01.2015 has allowed the aforesaid application and has directed the petitioners to pay the court fee on the reliefs claimed by them under Section 38 of the Act.
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