IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD REGULAR FIRST APPEAL NO.2086 OF 2017 (DEC/INJ) BETWEEN:
SRI R.KRISHNAPPA SON OF LATE RAMAPPA AGED ABOUT 58 YEARS RESIDING AT NO.18, 4TH CROSS SRI ATTI MARAMMA TEMPLE ROAD OLD AIR PORT ROAD, DOMLUR BENGALURU-560 071.
(BY SRI: K.H.RAMU, ADVOCATE) AND:
1. SMT P.M.KOMALA WIFE OF K.N.NARAYANASWAMY AGED ABOUT 60 YEARS RESIDING AT NO.29 DOMLUR INSIDE MAIN ROAD NEXT TO SRIRAMA TEMPLE DOMLUR VILLAGE BENGALURU-560 071.
... APPELLANT 2. SRI PILLAPPA SON OF MUNIYAPPA AGED ABOUT 44 YEARS RESIDING AT NO.18 OF 1 4TH CROSS, SRI ATTI MARAMMA TEMPLE ROAD OLD AIR PORT ROAD, DOMLUR BENGALURU-560 071.
... RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 ORDER XLI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.11.2017 PASSED IN OS.NO.9182 OF 2014 ON THE FILE OF THE XLI ADDITIONAL CITY CIVIL JUDGE, BENGALURU, (CCH-42), PARTLY DECREEING THE SUIT FOR DECLARATION, PERMANENT INJUNCTION AND POSSESSION.
***** THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH, J., DELIVERED THE FOLLOWING:
JUDGMENT There are two office objections which are with regard to payment of deficit Court fee and filing of memo of valuation.
2. The suit of respondent No.1 was decreed declaring the plaintiff as the absolute owner of item Nos.1 and 2 of the suit schedule property and directing the appellant and respondent No.2 to quit, vacate and handover vacant possession of the suit schedule property to the plaintiff. This decree is impugned in the present appeal by the appellant, who is defendant No.1. Respondent No.1 has paid a court fee of Rs.1,02,785/-. Defendant No.1 contends that because he is the owner of the property, which is different from the properties described in the plaint schedule, is not liable to pay the court fee. Therefore, he declines to comply with the office objections.
3. On considering the submissions, we are of the view that the appellant is liable to pay the Court fee in order to maintain the appeal. Since he declines to pay the Court fee, the appeal cannot be considered by this Court.
Hence, the appeal is dismissed.
Sd/- Sd/-
JUDGE JUDGE *bgn/-