Suit for partition - Sec.34 of A.P.S.V.& C.F. Act - Under Section 34(2), in a suit for partition where the plaintiffs are seeking partition of suit and separate possession of the joint family properties, and if the plaintiff's are in joint possession of such property, the Court fee payable in respect of the suit for partition, where the value is over and above Rs. 10,000/-, is only Rs. 200/-. In the instant case, the plaintiff's have asserted that they are in joint possession of the properties sold by the Defendants 1 to 4 in favour of the 7th defendant. Therefore, the Court fee payable by them is only Rs. 200/-, which was already paid.

Suit for partition - Sec.34 of A.P.S.V.& C.F. Act - Under Section 34(2), in a suit for partition where the plaintiffs are seeking partition of suit and separate possession of the joint family properties, and if the plaintiff's are in joint possession of such property, the Court fee payable in respect of the suit for partition, where the value is over and above Rs. 10,000/-, is only Rs. 200/-. In the instant case, the plaintiff's have asserted that they are in joint possession of the properties sold by the Defendants 1 to 4 in favour of the 7th defendant. Therefore, the Court fee payable by them is only Rs. 200/-, which was already paid.

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APEX COURT DIGEST - Jan.2017 [6]

Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports