R.M. Borde JUDGMENT
R.M. Borde, J.
1. Petitioner - original Defendant No. 2 is raising exception to the order passed below exh. 74 in Regular Civil Appeal No. 20/2004 by the District judge - 1, Nilanga on 13-9-2007.
2. Respondent No. 1 - original Plaintiff instituted the suit claiming specific performance of agreement as well as recovery of possession of the land bearing Gat No. 287 and 297 situate at village Jajnoor, Tq. 2 Nilanga being Special Civil Suit No. 181/98. Plaintiff in the suit also claimed relief to the effect that the registered sale-deeds bearing No. 1508 and 1509 executed on 15-9-1997 be adjudged as ineffective and inoperative against the Plaintiff. Plaintiff stated in the plaint that the property in dispute has been subsequently transferred by original Defendant No. 1 in favour of other Defendants. Apart from claiming relief in respect of specific performance of agreement, the Plaintiff has also sought for possession of the disputed property as well as sought declaration that the subsequent sale-deeds be declared as ineffective and inoperative as against the Plaintiff. Plaintiff being a lady, as per the policy of the State Government in respect of remittance of court fees by a lady litigant, prevailing at the relevant time, the Plaintiff was not required to pay court fees. However, after proper contest the suit presented by the Plaintiff came to be dismissed. As such, she was required to file Regular Civil Appeal No. 20/2004 before the Court of Additional District Judge, Nilanga, which is pending. In the pending suit, original Defendant No. 2 presented an application at exh. 72 raising objection in respect of payment of court fees by the original Plaintiff. It was contended that by virtue 3 of subsequent notification dt. 23-3-2000, the Plaintiff is liable to pay the court fees alongwith appeal as the dispute in question does not relate to matrimonial matters as contemplated by the amended notification. Another application was presented by the Plaintiff at exh. 73 claiming exemption in respect of payment of court fees. Both the applications came to be decided by the appellate court on 21-7-2007. Application presented by Defendant No. 2/Petitioner herein was allowed and the application tendered by original Plaintiff came to be dismissed. In view of the order passed by the appellate court on 21-7-2007, Plaintiff was required to pay court fees on the suit claim. Plaintiff, however, presented an application exh. 74 claiming revision in respect of payment of court fees. It is contended in the application by Plaintiff that the suit presented by her is essentially for specific performance of agreement as well as for recovery of possession. Although the relief claimed is in respect of declaration of the sale-deeds which have been executed after entering into impugned transaction with the Plaintiff, the Plaintiff need not pay ad valorem court fees and the court fees that would be required to be computed shall be in accordance with the provisions of Section 6(j) and not as per provisions of Section 6(ha). Plaintiff as such stated that she would be liable to pay court fees to the tune of Rs. 6,978/- and necessary modification in the earlier order was sought for by the Plaintiff.
3. Application tendered by Plaintiff was objected by the Respondents herein contending that the total court fees that would be leviable considering the claim raised by the Plaintiff would be Rs. 16,580/-. It is also contended that the subject matter of the appeal would exceed the pecuniary limits of the jurisdiction of the court which is upto Rs. 2,00,000/-. Hence, the first appellate court does not have jurisdiction to decide the appeal. It is also prayed to dismiss the appeal for want of payment of requisite court fees. The learned District Judge -1, Nilanga after hearing the arguments advanced by respective counsel allowed the application presented by Plaintiff/Respondent No. 1 herein and directed the original Plaintiff / Appellant before the first appellate court to pay court fees considering the valuation of the appeal to be Rs. 1,52,000/- as well as further court fees in respect of relief of possession. Order passed by the District Judge -1, Nilanga in pending appeal is subjected to ........