Minita Daphne Netto v. Marger Benedict Rodriges
Case brief
What is this about?
The High Court affirmed the trial court's order in an O.P.(C) regarding court fee assessment. The Court held that the assessment of market value based on the Advocate Commissioner's report for the total property extent was valid and upheld the obligation to pay court fee accordingly.
What did the court decide?
The order of the court below is affirmed and the original petition is disposed of, subject to reservation.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 29TH DAY OF OCTOBER 2012/7TH KARTHIKA 1934
OP(C).No. 1332 of 2012 (O)
OS.1473/2004 of I ADDL.MUNSIFF COURT, ERNAKULAM
PETITIONER(S):
- MRS.MINITA DAPHNE NETTO,
- W/O. RUDOLF NETTO, W/O. RUDOLF NETTO
- RESIDING AT BUILDING NO.C.C.40/4724, LATER 40/5000
- ERNAKULAM VILLAGE, BANERJI ROAD, ERNAKULAM
- COCHIN-682 031.
- RUDOLPH NETTO,
Issues for consideration
2 issues framed by the court
Whether the trial court erred in assessing market value for court fee under Sections 25(b) and 7(3A) of the Kerala Court Fees Act based on Commission Report for the total land extent.
Whether the petitioners have the right to apply under Section 12(2) of the Act to ensure uniform market value assessment between pleadings with same property.
Parties & counsel
- petitioner
Mrs. Minita Daphne Netto
- petitioner
Rudolph Netto
- respondent
Mrs. Marget Benedict Rodrigues
- respondent
Infant Jesus Church
- respondent
Josey D'Silva
Case details
As recorded by the court registry
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