SUNIL AND ANOTHER Vs. KASHINATH

JUDGEMENT

(1.) Since the issue involved in these two petitions being common, both are heard together and disposed of by this common order.

(2.) These petitions are directed against the orders passed on IA Nos. 2 and 3 filed by the defendants under Order 7, Rule 10 (1) of the Code of Civil Procedure, 1908 in O.S. Nos. 206 and 200 of 2015 respectively filed by the plaintiff for the relief of permanent injunction against the defendants on the file of the Civil Judge and Judicial Magistrate First Class, Banahatti.

(3.) On service of notice, the defendants appeared and filed written statement contending that the suit of the plaintiff is not maintainable as the Court has no pecuniary jurisdiction to entertain the suit, since the plaintiff in respect of non-agricultural land, valued the suit at the market value of Rs. 1,000.00 I.A. Nos. 2 and 3 have also been filed by the respective defendants under Order 7, Rule 10 (1) of Civil Procedure Code praying for rejection of the plaint as the Court has no pecuniary jurisdiction. The Court below rejected the applications holding that the Court has pecuniary jurisdiction and value of the suit made at Rs. 1,000.00 could be proper. Being aggrieved, the defendants are in civil revision petition before this Court.