RAVINDRA SIDDAPPA SHAVI Vs. SUNANDA KOM. NARAYAN SHAVI

JUDGEMENT

(1.) Petitioner instituted O.S. No. 189 of 2007 against the respondents, in the Court of Civil Judge (Senior Division) at Gadag, to pass a decree for partition and separate possession and to grant him 2/5th share in the suit properties. Defendants having filed written statements, issues were raised on 3-1-2008. Issue 5 reads as under:

(2.) Heard the learned Counsel on both sides and perused the writ record. Since the issue relating to insufficiency of Court fee paid has been raised on 3-1-2008, the Trial Court ought to have tried and decided the said issue as a preliminary issue. There is a procedural impropriety in not treating the said issue as a preliminary issue and in allowing IA-IX. In the circumstances, impugned order being vitiated, warrants interference.