The vs Unknown
2022 Latest Caselaw 1576 AP

       HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                  MAIN CASE No.A.S.No.1077of 2017
                            PROCEEDING SHEET

Sl.                                                                    Office
                                      ORDER

No DATE Note 02 30.03.2022 RRR, J I.A.No.2 of 2022 (On Being Mentioned)

The appellants herein had filed O.S.No.14 of 2007 before the VII Additional District Judge [Family Court], West Godavari District for the relief of declaration of title and share as coparcener in 'A' schedule property mentioned in the suit and an alternative prayer of relief of partition of plaint 'A' schedule property and to put the plaintiffs in possession of 3/5th share. This suit was dismissed by judgment/decree dated 21.08.2017. Aggrieved by the said judgment/decree, the appellants had filed Appeal Suit No.1077 of 2017 before this Court.

The parties to the appeal had entered into a compromise which has been recorded by this Court and thereafter, the appeal was disposed of, in terms of the said compromise, by an order dated 06.01.2022.

It appears that the compromise had included 'C' schedule property which was not part of the suit schedule property. As court fee had not been paid in relation to the relief sought against the 'C' schedule property. The Registry has taken an objection for release of the judgment/decree.

The appellants have now filed the present application for permission to pay court fees of Rs.200/- on the ground that the relief against the C-schedule property was for partition of the

property and court fee payable in relation to the said relief is the fixed court fee of Rs.200/- under section 34(2) of the Andhra Pradesh Court Fees And Suits Valuation Act, 1956.

As the relief sought by the appellants, in relation to the 'C' schedule property is the relief of partition, the court fee payable in relation to this relief would be a fixed court fee of Rs.200/- under section 34(2) of the Andhra Pradesh Court Fees And Suits Valuation Act, 1956.

Accordingly, this application is allowed permitting the appellants to pay fixed court fee of Rs.200/- in relation to the court fees already been paid.

_________ RRR, J BSM.