RAJAMMA Vs. MARUTHI

JUDGEMENT

(1.) CHALLENGE made in this writ petition is to the order passed by the learned Principal Senior Civil Judge & CJM, Bidar in M.A. No.1/2011 dated 31.08.2012, whereby the order passed by the Additional Civil Judge (Jr.Dvn.), Bidar in O.S. No.237/2011 on 16.12.2010 is set aside holding that the Trial Court did have pecuniary jurisdiction to try the suit in respect of the suit schedule property.

(2.) THE respondent herein has filed the suit seeking declaration of the title and also for recovery of possession and for mandatory injunction in respect of the suit schedule property. He has valued the suit property at Rs.20,000.00 for the purpose of jurisdiction in respect of the reliefs sought, by paying court fee of Rs.775.00. The defendant/petitioner herein contended that the suit property consists of a constructed building and the value of the plot itself was more than rupees one lakh and hence, the valuation made by the plaintiff was not correct. A preliminary issue was framed with regard to the pecuniary jurisdiction of the Trial Court to try the suit.

(3.) IN respect of the alleged admission made by PW.1 in the cross-examination, the Court below has found that the Trial Court was not justified in holding that there was any admission of the plaintiff in his evidence dated 31.03.2006 as the Appellate Court had rejected the said part of the observation made by the Trial Court earlier itself in the course of its judgment rendered in M.A. No.23.2006. Aggrieved by this judgment, the present writ petition is filed.