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Judgment
Mohan M. Shantana Goudar, J.—By the impugned order, the Court below has directed defendants/petitioners herein to value their counterclaim in the light of the prayer made in the written statement that the partition deed does not bind them.
The suit for declaration and injunction is filed by the respondent herein in OS 8420/06 based on the partition deed dated 14.8.2003. The petitioners are not parties to the said partition deed. In that context, defendants/petitioners herein sought for prayer in the written statement that the partition deed is null and void and does not bind them.
It is further stated by the defendants that properties found in the partition deed do not belong to plaintiffs by the partition deed. In effect, defendants case in that the partition deed does not bind them since the petitioners are not parties to that partition deed. It is open for them to claim that the said partition deed does not bind them. They have not sought for cancellation of partition deed.
Hence, under the facts and circumstances, it is not necessary to pay the court fees on the so called counter claim. Hence, the impugned order is liable to be quashed and the same is quashed.
Writ Petitions stand allowed.