Y.B. RAMESH Vs. SMT. VARALAKSHMI AND OTHERS

JUDGEMENT

(1.) Petitioner is the Defendant in O.S. No. 82 of 2007 on the file of the Civil Judge (Junior Division), Magadi filed by the first Respondent seeking for partition of the suit schedule properties by metes and bounds and to allot 1/7th share in favour of the Plaintiff and also to restrain the 9th Defendant who is the Petitioner herein from interfering with the peaceful possession and enjoyment of the Plaintiff in respect of item No. 1 property.

(2.) Pursuant to the notice issued in O.S. No. 82 of 2007, the Petitioner filed detailed statement of objections denying the claim made by the Plaintiff and also made an application in I.A. No. 1 under Order 7, Rule 11(d) of the Code of Civil Procedure, 1908 seeking to reject the plaint on the ground that the learned Civil Judge (Junior Division) has no pecuniary jurisdiction to entertain and try the suit. In support of his contention, the Petitioner has contended that the market value of the suit schedule property is more than Rs. 15,80,000/- (Rupees fifteen lakhs and eighty thousand). Therefore, 1/7th share of the schedule property exceeds Rs. 2,25,000/-. Hence, the learned Civil Judge has no pecuniary jurisdiction to try and entertain the suit.

(3.) The Plaintiff filed objections to the said application contending that the learned Civil Judge (Junior Division) has pecuniary jurisdiction to entertain the suit and the suit is maintainable. Further, the contention of the Defendant that as on the date of filing of the suit, the market value of the suit schedule properties is more than Rs. 15,80,000/- is not correct and the learned Civil Judge can maintain the suit. The learned Civil Judge by his order dated 17-12-2008 dismissed the said application holding that the said Court has pecuniary jurisdiction to entertain and try the suit in view of the amendment to Karnataka Civil Courts Act, 1964 which came into effect from 20-8-2007 wherein the pecuniary jurisdiction of the Civil Judge (Junior Division) is enhanced to Rs. 5,00,000/-. Being aggrieved by the order dated 17-12-2008 made on LA. No. 1, the Petitioner has filed this writ petition.