VEERAGOUDA Vs. SHANTAKUMAR ALIAS SHANTAPPAGOWDA

JUDGEMENT

(1.) THIS is a plaintiffs' appeal against the order of the learned single Judge who has directed the trial Court to try and decide issue No.3 relating to the court fee as a preliminary issue.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) THE learned counsel for the plaintiffs assailing the impugned order of the learned single Judge contended that, in view of the judgment of this Court in Smt. Sujatha Narayana And Others Vs Smt. Leela Ramakrishna And Others ILR 2006 KAR 4463 the issue regarding court fee has to be tried along with other issues and not as a preliminary issue and, therefore, he seeks for setting aside the said order.